Explain Mediation as method of ADR. (8 marks).

Question 1

What is mediation?

Answer 1

• Uses neutral 3rd party who facilitates discussion between parties. Parties usually in separate rooms.
• Can resolve any kind of civil dispute.

Question 2

Who oversees Family disputes?

Answer 2

• Family Mediation Council, such as matters concerning children. NOT domestic violence.
• Encouraged by courts since Civil Procedure Rules 1999.

Question 3

How does Mediation occur?

Answer 3

• Main service is Centre for Effective Dispute Resolution (CEDR). Provides parties with choice of mediator is with relevant expertise, law firms are apart of this.
• Mediator tries to establish common ground, with offers and counters.
• Mediator cannot give own opinions.
• Takes place in one day.
• Not legally binding.
• Not always successful.

Question 4

What did the CEDR report state?

Answer 4

• 2020
• 16,500 mediations took place (2019-20)
• £17.5 Bil worth of claims.
• 38% increase
• 93% success rate.