U3 - AOS2 - mediation/conciliation

Question 1

what is mediation

Answer 1

informal method of disoute res occuring both within and out of court system

Question 2

mediation features

Answer 2

mediator = facilitate convo
usually no legal rep
no strict evidence rules

Question 3

when is mediation conducted

Answer 3

parties can try mediation before court to avoid cost

judges can send a matter to mediation prior to judicial determination

Question 4

when is mediation appropriate

Answer 4

maintain r/ship b/w parties
parties have limited funds
parties want quick decisi

Question 5

when is mediation inapp.

Answer 5

parties r/ship alr stuffed
parties want binding order
parties have lots resources

Question 6

conciliation def/fetures

Answer 6

alt method to resolve dispute in whcih conciliator will facilitate convo between parties and give specialised legal advice

Question 7

when conciliation app

Answer 7

parties want cheap result
maintain r/ship b/w parties
acess conciliator advice

Question 8

when conciliation inapp

Answer 8

parties = bad r/ship
power imbalance
parties want binding result

Question 9

mediation uphold fairness

Answer 9

impartial mediator
parties = control evidence ruling = more participation

Question 10

mediation not uphold fairness

Answer 10

pwr imbalance -> unfair outcome

disputing parties muts compromise which can fail if one party not participating

Question 11

mediation uphold equality

Answer 11

no evidence ruling -> all parties feel able to speak mind

unrep parties are less likley to be disadvantaged bc mediator

Question 12

mediation not uphold equality

Answer 12

pwr imbalance between parties

Question 13

mediation uphold acess

Answer 13

mediation = cheaper -> financial engagement

mediation can be conducted online -> phys engagememt

Question 14

mediation not uphold acess

Answer 14

if legal rep not present parties unable to be informed abt the quality of an agreement.

Question 15

conciliation uphold fairness

Answer 15

conciliator = unbias

parties = decide evidence ruling -> more participation

Question 16

conciliation not uphold fairness

Answer 16

power imbalance -> lack of impartiality bc forced decision

conciliation x open to publicc

Question 17

conciliation uphold ewquality

Answer 17

unrep parties r less disadv. bc of conciliator faciliating convo

conciliator only permit prescemce of legal rep if both parties have it

Question 18

conciliation not uphold equality

Answer 18

power imblance -> forced outcome + inequality between bargaining ability

Question 19

conciliation uphold acess

Answer 19

conciliation = cheaper than courts

Question 20

conciliation not uphold acess

Answer 20

legal rep frequently not used -> parties uninformed abt things abt dispute.