Law Paper 1 - Section A - Mediation Flashcards
(15 cards)
What is mediation?
Mediation is a process where an independent third party helps disputing parties reach a settlement without making suggestions themselves.
How does mediation differ from conciliation?
In mediation, the mediator facilitates decision-making without making suggestions, while conciliation may involve more guidance.
What is an example of a form of mediation?
A mini-trial may be held between the parties and a neutral mediator.
Example of mediation form.
In what types of disputes is mediation commonly used?
Mediation is commonly used in family disputes and business disputes.
What skills do family mediators often have?
Family mediators are often trained in counselling skills.
What legislation encourages mediation in family disputes?
The Family Law Act 1996 encourages divorcing couples to use mediation rather than the courts.
What is the purpose of the Centre for Effective Dispute Resolution (CEDR)?
CEDR aims to cut the cost of conflict and create choice and capability in dispute prevention and resolution.
Who does CEDR work with?
CEDR works with companies, governments, and the public sector in the UK, Europe, and internationally.
How have local councils used mediation?
Local councils have used mediation to help solve neighbour disputes.
What is an advantage of mediation?
Mediation is cheaper than a court case.
What is another advantage of mediation?
The parties are in control over the process.
What is a benefit of mediation for future relationships?
Future business and personal relationships can be maintained.
What is a disadvantage of mediation?
One of the parties may be unwilling to take part in the process.
What is another disadvantage of mediation?
The parties may be unwilling or unable to reach a settlement.
What is a potential issue with the results of mediation?
The result may not be binding on one or both parties.
