MEDIATION as a method of alternative dispute resolution Flashcards
what is mediation
the use of a 3rd party (mediator) who facilitates discussions between the parties in order to reach aa compromise —> parties usually are in separate rooms or locations & mediator puts forward different opinions and point
what can mediation be used for
can be used to resolve any kind of civil disputes no matter the complexity or the money at stake
Family and mediation
family mediation council over sees mediation of the family disputes :
concerning contacts with children after separation—> mother cases (excluding domestic violence) court proceedings can only take place once mediation takes place
Commercial disputes
in commercial disputes mediation had strongly been encouraged by the courts after the civil procedure rule 1999
What is the Centre for Effective Dispute Resolution (CEDR)
main mediation service—> many firms are members of this, whose service include providing clients with choice of mediators with relevant expertise suggesting date & venue for mediation & running mediation itself
What happens during mediation
the mediator consults each party to try establish common ground —>
then acts as a go between as they go to and from both parties with offers & counter offers
can mediators give opinions
they don’t give own options (unless asked), leave parties in control
how long do mediations take place
most take place within one at & parties are in control of process & can stay as long as they want ad ca withdraw at any given time
are mediations legally binding
decisions in mediations are not legally binding but they don’t always succeed & court cases may follow
2020 CEDRE report states
16,500 mediations too place in 2019-2020, an increase of 38% from 2018-2019 involving £17.5billion worth of claims with 93% success rate
