Unit 3 AOS 2 Civil law - 3.2.2 Mediation and Conciliation

Question 1

Define Mediation

Answer 1

Cooperative resolution process where both parties enter a discussion to hopefully achieve a satisfactory outcome

Question 2

Mediator

Answer 2

Trained mediator
An impartial third party
Cannot provide suggestions
Ensures both parties are heard
Decision are not legally binding

Question 3

Define Conciliation

Answer 3

A cooperative method of dispute resolution

Question 4

Aspects of a conciliator

Answer 4

Can offer suggestions, advice and solutions
Facilitate discussion
Decisions are not automatically legally binding
Specific expertise / knowledeg

Question 5

(5) Mediation and Conciliation are suitable when….

Answer 5

Parties are willing to cooperate
There is an ongoing relationship
The court has ordered it
Privacy is important
Cost and time is an issue

Question 6

Mediation and Conciliation are unsuitable when… (6)

Answer 6

Parties prefer the formality of court
Only one party is willing to cooperate
There is a power imbalance (legal rep)
There is a history of violent or conflict that is unresolved
Matters are urgent

Question 7

Evaluate Mediation/Conciliation: Less Formal

Answer 7

No strict rules of evidence and procedure
An impartial third party allows informal discussion
Both parties are likey to abide by their decision

Achieves fairness

Question 8

Evaluate Mediation/Conciliation: Less Formal (however)

Answer 8

The informal processes means decisions are not automatically legally binding, so parties may not honour their decision

Question 9

Evaluate: cost effective

Answer 9

Lower fees used in mediation ($300hr)
Legal representatino is discouraged
Parties are generally committed to the solution (no further fees)

Disparities caused by financial situations are limited, promoting equality

Question 10

Evaluate: cost effective (however)

Answer 10

However, if one part exerts more influence over the other, an imbalance is created, limits equality

Question 11

Evaluate: time effective

Answer 11

Shorter waiting times, reduces delays
Rapid resolutions
Disputes generally resolved in a day

Promotes access

Question 12

Evaluate: time effective (however)

Answer 12

If disputes cannot be resolved in a timely manner, they proceed to court

Leads to longer time spent in the civil justicy system

Reduces access