Week 3 - Mediation Flashcards
1
Q
Define mediation
A
An independent third party - the mediator - helps parties with the dispute to try and reach an agreement
2
Q
What are the two forms of mediation?
A
‘Evaluative’ - where an assessment is made of the legal issues - or ‘facilitative’
3
Q
Why is it argued the mediator is not independent?
A
The parties appoint the mediator
4
Q
What kind of process is mediation?
A
Non-binding - any decision made is not automatically legally binding
5
Q
What do the parties do instead of the mediator?
A
The people with the dispute decide whether they can resolve things and what the outcome should be
6
Q
How would parties find themselves in prison?
A
By not following through on what was agreed
