Mediation and Conciliation A03 Flashcards
What is one key advantage of mediation and conciliation in preserving relationships?
Mediation and conciliation help keep parties on good terms and preserve relationships, which is beneficial in business, family, and neighbour disputes.
How can commercial mediation save businesses money?
Commercial mediation can save businesses over £1 billion annually in court fees and other legal costs.
Why is mediation advantageous in decision-making?
Both parties are involved in the decision-making process, allowing for a mutually agreeable solution.
How do mediation and conciliation benefit the interests of both parties?
Decisions made in mediation and conciliation can be tailored to suit the best interests of both parties, rather than a one-sided decision from a court.
What makes mediation cheaper and quicker than court proceedings?
Mediation is generally much cheaper and quicker than going to court, making it a cost-effective and efficient form of ADR.
Why is mediation a good option for quick resolution?
Negotiation in mediation is fast, which helps to maintain good relations between the parties and resolve disputes quickly.
When can mediation and conciliation not be used effectively?
Mediation and conciliation can only be used if the parties are still on speaking terms. They are ineffective when communication has completely broken down.
Why may mediation be inappropriate in certain family disputes?
Mediation and conciliation are not suitable for situations like family abuse cases, where there is a power imbalance or unsafe circumstances.
What is a disadvantage related to legal aid for mediation and conciliation?
There is no legal aid available for mediation or conciliation, meaning parties may have to bear the costs themselves.
What happens if mediation or conciliation doesn’t work?
If mediation or conciliation fails, the parties may still need to go to court, which can cause delays and further costs.
What is a potential issue with the settlement amount in mediation?
The settlement agreed upon in mediation or conciliation could be much lower than what a party might receive in court.
How does the mediator’s skill impact the effectiveness of mediation?
Mediation is only effective if the mediator is skilled and experienced in handling disputes; a poorly conducted session could lead to unsuccessful outcomes.
