mediation- evaluation Flashcards
what are the 4 positive points
cheap
reflects interests of parties
preservers relationships
legal agreement binding if reached
cheap - dev
£400 average- cheaper than court
can relieve any financial stress
cheap extra
not guaranteed to work- could be wasting money which would contradict the benefit of it being cheap
reflects interests of parties dev
focuses on parties communicating what they need - when the solution reflects their true concerns and desires, they are more likely to feel satisfied with the outcome and accept it willingly. This sense of ownership also increases the likelihood of compliance with any agreements reached.
reflects interests of parties extra
voluntary participation- more likely to engage
preservers relationships dev
improves communications so help businesses work together in the future or families to heal strengthening these relationships
preservers relationships extra
parties may refuse to cooperate so may be deadlocked- defeats the whole purpose
legal agreement binding if reached dev
if an agreement is made this can be enforced by the courts which would make people feel a lot more obliged to not break it
legal agreement binding if reached extra
if no agreement they can still go to court to get issue sorted but the costs will be higher causing potential financial strain depending upon the person
what are the 4 negative points
not legally binding if no agreement is reached
not useful where parties are unwilling to compromise
too informal
imbalance of power
not legally binding if no agreement is reached dev
processes are worthless if parties still need to go to court causing extra costs and could be a waste of time- the parties may end up in court, where a judge or jury will impose a decision on them, possibly leading to an outcome neither party finds satisfactory.
not legally binding if no agreement is reached extra
even if agreement is made it may need to be written up by a lawyer which costs
not useful where parties are unwilling to compromisedev
the mediator would find it hard to guide the parties towards a resolution
If neither party is willing to budge from their position, there’s no space to explore alternative solutions or creative options. This deadlock prevents progress and makes reaching an agreement virtually impossible
not useful where parties are unwilling to compromise extra
parties usually back down when faced with an option of that or court orderso their issue wont get solved or will take more time to solve
too informal dev
may not take process or decisions made seriously
