Mediation

Question 1

Why is mediation so successful?

Answer 1

Because parties actually talk to each other and avoid the strict rules of evidence and
procedure in the court system.

Question 2

How is coniliator different from mediator?

Answer 2

Mediation is the mediator getting each party to talk and listen whereas conciliation the conciliator may offer suggestions.

Question 3

Explain one way arbitration is similar and one way arbitration is different to courts?

Answer 3

Arbitration is similar to courts as a third independent party listens to the evidence from both parties and makes a legally binding decision. Arbitration is different to courts as there are not the strict rules of evidence and procedure.

Question 4

What is the difference between the two types of damages in civil law?

Answer 4

General damages include pain and suffering which are difficult to measure whereas special damages are easier to calculate and include things such as
wages, medical bills etc.

Question 5

Explain the two different types of injunctions in civil law.

Answer 5

Injunctions either compel a party to perform a task such as pay a sum of money OR injunctions can stop a party from performing an act such stop publishing
an article or writing a book or building an extension on a house.