Meditation Essay Flashcards
Introduction
-The scottish Civil court deal with resolving disputes and the court reform(Scotland) act 2014 s 1.103 granted the court of session authority to use ADR
-Variety of methods used(Adjudication,Arbitration and meditation
-However in Scotland meditation has seen to be the most favourable in particular in Family law
-on the contrary Scotland is far behind other jursidctions on the meditation standard
What is meditation?
(p1,1),
- A form of ADR where a neutral third party(the meditator) facilities communications between parties,thus allowing a understanding to form between and guiding htem towards a mutally acceptable resolution.
-Compared to othermethods most used and most researched.
-meditation fastest and most felxible style of ADR with the process being non-binary and voluntary until the final stage
Steps in meditation
(p1,2)
-starts with the meditator explaining the process and setting ground rules
-the parties share their perspectives on the issue
-the meditator then facilities contact and meets with the parties independently to explore the options
-finally the parties will then negotiate towards a satisfactory outcome
What does meditation show?
(p,1,3)
-Mediation also allows for the process to be terminated at any point in the process and which at that point other methods of ADR can be used
-This clearly showing meditation encourages resolution in cases therefore increasing the expediency of court cases and overall lower legal costs for clients
-A strathclyde meditation clinic found that 65% of cases in 2024 were resolved.Due to meditations natural party involvement and that their case has been heard
- as a result less strain on courts as cases are expeditated and elimnating ht need for engagement in court
Meditation in other countries)
(p3,1)
-Meditation in other countries shows Scotlands clear lack of progression compared to other jurisdictions
-In similar jurisdictions such as England and Wales meditation has become a crucial part of the legal system and on a wider scale than Scotland
-This is required as it encourage peaceful conflict resolution before turning to the court
The scottish Government and Charlie irvine?
(p3,2)
-The scottish government independt review of meditation states
‘Scotland needs to adopt a more proactive approach over time to deliver a viable pathway to meditate disputes’
Charlie irvine states
‘the last major review of Scottish civil justice rejected judical encouragement of ADR”.
-hence showing Scotland clear lack of progress and failed to attempt to incorporate civil justice as a requirement.
Meditation Scotland Bill
(p3,3)
(Other jurisdictions
-Even though an attempt at a greater focus on meditation was attempted through meditation(scotland) bill.Its just not feesable as for a variety of reasons as not having the funds for legal representation therefore
-Causing huge power imbalance between parties due to funds for legal representation
-It can be stated although this lifts pressure of courts and speeds up case turnover,those with a lower income are still unable to get rightful justice through meditation,mirroing issues brought about by legal aid
-it can eb stated if Scotland could handle these issues a significantly higher emphasise on Meditation could be placed
Conclusion
(Mediation)
In conclusion. When taking a retrospective approach on meditation, and other forms of Alternative dispute resolutions,
-a conclusion can be made that in general Meditation benefits Scotland in a variety of ways and beneficial in the justice system, as it allows for more time and cost efficient alternatives to litigation.
-While systematically reduing the stress of courts
Advantages and disadvantages of mediation
(p2,1)
-The lack of legally binding decisions allows for parties although perhaps agreeing to terms no Guarente of these terms being followed with further problems arising from the failure to address power dynamics where there are already underlying power issues in relationships this being particularly prevalent in family law
-However, Meditation also comes with a variety of advantages such as increased speed of cases as resolutions can be reached more quickly than traditional litigation and overall meditation has been shown to be overall less expensive than going to court.
Anaysis (p2,2)
Giving clients the chance to have justice and to have it in an appropriate manner and in the case if families due to the informal nature of Mediation allows families to prioritise a healthy and civil relationship
Contexulised paragraph2
-In terms of other methods of Alternative Dispute resolution other examples include adjudication, arbitration, and early neutral evaluation.
- Each of these methods have their own advantages and disadvantages. However, although these methods are effective.Meditation by itself is inbreeded in many crucial areas of law such as family law, in regard to the welfare of the child. Employment tribunals with meditation occurring through ACAS
