Mediation and Conciliation A03 Flashcards
What are the 4 WDPs of mediation and conciliation
Hard to enforce
Difficulty of uncooperative parties
Lack of legal expertise
Lack of agreement on the decision
-P1: Hard to enforce the remedy
parties often don’t stick to it which mean the dispute hasn’t been fully resolved
-DP1: non-binding remedy
no repercussions for not sticking to the outcome = undermines the point of the process
+WDP1 both provide flexibility and choice
free to appoint a neutral third party = parties maintain a sense of control and ownership of the case
-P2: can be difficult if parties will not cooperate
relies on both parties to agree on a final decision which isn’t always realistically achievable = dissuades parties
-DP2: unfair on least powerful party as the other party can get away with not sticking to the decision
hard to remain on amicable terms = unfair
+WDP2: conciliator or mediator is a neutral independent party
can assist parties struggling to reach a decision and can utilise their level of expertise
-P3: mediator or conciliator may not have legal expertise
may not be the most effective in advising parties
-DP3: lack of knowledge of cases with similar facts as it is not their full time profession
doesn’t have the same level of knowledge of a civil court judge = less effective
+WDP3: mediators are often trained with counselling skills
able to utilise these skills which is particularly useful for family and businesses who would benefit from remaining on amicable terms = more likely to achieve a mutually agreed decision
-P4: parties may not agree on the final decision
may not be a suitable remedy for the parties = issue remains unsolved = ineffective
-DP4: case might end up going to the civil courts
prolongs the dispute, more delay and costs = slower and more expensive process
+WDP4: encourages parties to remain on amicable terms in a more flexible and tailored way
can be beneficial to parties and businesses = more effective outcome
