Mediation Flashcards
What is mediation?
This is where a neutral mediator helps the parties to reach a compromise solution
Why does a mediator consult with each party?
to see how much common ground there is between them
What will a mediator explore?
They will explore the position with each party looking at their needs and carrying offers to and fro, maintaining confidentiality
What will a mediator not do?
will not tell the parties his own views of the merits of the dispute as it is part of the job to be a facilitator
Why is it apart of a mediators job to be a facilitator?
in order for an agreement to be reached by both parties fairly
What will happen if a mediator is asked their opinion of the parties?
in this case, the mediation becomes more of an evaluation exercise which as well aims at ending the dispute
When is mediation only suitable?
when the parties can cooperate
Who are most likely to benefit from mediation?
companies who are used to negotiating contracts with each other are most likely to benefit from this approach
What is the important point in mediation ?
the parties are in control, they make the decisions
There is a more formal method of approaching mediation, a formalised settlement conference ,what does this involve?
a ‘mini trial’ where each side presents its case to a panel composed of a decision-making executive from each party and a neutral party
what is involved in a mini trial?
each side presents its case to a panel composed of a decision-making executive from each party and a neutral party
What happens after a mini trial at the formalised settlement conference ?
the executives, with the help of the neutral advisor will evaluate both positions and try to come to an agreement
What happens if the two executives cannot agree after the mini trial at the formalised settlement conference?
the neutral advisor will act as a mediator between them
What is a benefit of mediation at a formalised settlement conference even if the matter is not resolved?
this procedure may be able to narrow down the issues so that if the case does go to court, it will not take long
What is one of the main mediation services? when was it set up ?
Centre for Dispute Resolution, set up in 1991
What important companies are members to the Centre for Dispute Resolution (1991)?
all the big London law firms
What do businesses say about mediation companies such as the Centre for Dispute Resolution (1991)?
that using the centre to resolve disputes has saved several thousands of pounds in court costs
What is the typical cost of a mediator?
£1,000-£1,500 a day
What are potential litigation costs ? (court costs)
£100,000 and sometimes even £1 million , especially in commercial cases
What is an example of a mediation service which resolves disputes of smaller matters such as between neighbours?
West Kent Independent Mediation Service
What does the West Kent Independent Mediation Service do?
4 issues as examples
offers free service that will try to help resolve disagreements between neighbours arising from such matters as noise, car parking, dogs or boundary fence disputes
Who is the West Kent Independent Mediation Service run by ?
trained volunteers who will not take sides or make judgements on the rights or wrongs of an issue
What will the trained volunteers at West Kent Independent Mediation Service do?
They will usually visit the party who has made the complaint hear their side of the matter, then with agreement, will ask to visit the other person to get their point of view
What can happen at a West Kent Independent Mediation Service if both parties agree to a meeting to resolve the dispute?
the mediator arranges a meeting between them in a neutral place , the parties are in control and can withdraw from the mediation process at any time
