Topic 2 - What is Mediation?

Question 1

What are the two types of mediation?

Answer 1

• evaluative (where an assessment is made of the legal issues) where the mediator gives their opinion
• facilitative - where the mediator gives no opinion and helps the parties communicate

Question 2

Who appoints the mediator and what might this result in?

Answer 2

The parties (hence why they might not be seen as ‘independent’), and it may be binding on the parties if this is what they chose