Mediation and conciliation Flashcards Preview

Conflict Avoidance, Management and Dispute Resolution Techniques > Mediation and conciliation > Flashcards

Flashcards in Mediation and conciliation Deck (7)
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1

What is MEDIATION?

Most common process of ADR and can be undertaken at any time (before and after court proceedings)

Meeting between parties in the presence of independent appointed mediator who is there to facilitate a resolution

Process is quick, cost effective and can preserve business relationships and has proved to be frequently successful

Often used after informal discussions have not reached solution

Mediation = voluntary and mediator cannot force you / other party to accept solution

Mediation should not be used to solve problems that have to be formally investigated (for example, harassment / discrimination).

Usually quicker than taking legal action, often lasting less than one day and almost always less expensive and stressful

2

What are the advantages of MEDIATION?

Mediation = more cost-effective than Court

Can save time; a resolution can be reached within 3 months and with fewer sessions than if you were to go to court

Mediation = private and confidential (which you may require if working a high profile job)

3

What are the disadvantages of MEDIATION?

There are no guarantees of success

Reliant on cooperation between both sides; if one side refuses to do so, then mediation may not work for you

4

What is CONCILIATION?

As per mediation but third party will provide a non-binding settlement proposal

Similar to mediation but is normally used when:
- you believe you may be entitled to make a claim to an employment tribunal
- you have already made a claim to an employment tribunal

Conciliation = voluntary - both you and your employer must agree to it before it happens.

5

What are the advantages of CONCILIATION?

Conciliator = normally a legal expert in the disputed field

Process = private so no risk of damage to reputation

Parties reserve the right to go to court if they are not happy with outcome

Process = flexible with a time and date set to suit the parties

Cheaper than taking the dispute to court

6

What are the disadvantages of CONCILIATION?

Process is not legally binding

No decision is guaranteed at the end

Process could be considered too informal so parties may not take it seriously

No appeals

No legal aid

7

What is the difference between Mediation and Conciliation?

Mediation = a voluntary procedure, which involves appointment of a third-party mediator, who helps to facilitate negotiations between parties

Aim of mediation = to help parties reach an amicable agreement and dispute settlement

Conciliation = also a voluntary procedure, which involves appointment of a third-party Conciliator.

The role of the conciliator = to also facilitate negations; HOWEVER the Conciliator will create a non-binding settlement proposal