Mediation Flashcards
(12 cards)
What is mediation?
Using a 3rd party (the mediator) who facilitates (makes it easier) discussion between the two parties in order to reach a compromise
How is mediation done?
Usually, the parties are put in a separate room or location and the mediator will put forward different points and opinions
What are the benefits of using mediation as a method of ADR?
Can be used for any kind of civil dispute regardless of complexity or the money at stake
Who oversees family law disputes in mediation?
Family Mediation Council
What are Example of family law disputes in mediation?
A contract concerning a child after the parents separation
In which cases does court not need to have the family mediation done before a hearing?
In domestic abuse cases
When can a family dispute go to court in mediation ?
After it’s gone through mediation
What are commercial disputes encouraged to do in mediation? Since when?
To use mediation
Since the civil procedures rule 1999
What is the Main service for mediation?
CENTER FOR EFFECTIVE DISPUTE (CEDR)
What does CEDR provide to mediation?
- many law firms are a part of it
- a choice of mediator
- suggests a date and a venue for mediation
- Running the actual mediation
What happens during Mediation?
- consult each party to establish common ground
- they go from and to parties with offers and counter-offers, acting as a “go-between”
- they can’t give an opinion unless asked for
-most happen in 1 day = parties have control over process -> stay as long as they want & withdraw anytime they want
What are Decisions like in mediation?
- NOT LEGALLY BINDING
- 93% cases are successful
- in the CEDR report, it was estimated that there were 16,500 mediation between 2019 and 202 = 38% increase since 2017 to 2018
- They saved £7.5 billion pounds on claims
