Paper 1 Section A Flashcards
1
Q
Negotiation
A
- Two parties negotiate with eachother prior to court action e.g email or verbal
- No third party
- Informal, totally private + quicker and cheaper if it works
- Unlikely they’ll reach solution without third party
- Parties can hire solicitors to continue to negotiate behind the scenes even after court proceedings
2
Q
Mediation
A
- Independent third party = ‘Neutral mediator’
- Parties see mediator separately + listens to see if there is any common ground
- Frequently used in family law
- Help parties discuss dispute and help to try settle it
- Not give their own views
- Mediation services include the Centre for Effective Dispute Resolution (CEDR) and charities such as Relate
3
Q
Conciliation
A
- Similar to mediation but conciliator may suggest a way to settle dispute
- Plays a more active role
- Parties are all sat together = relationships could suffer
- If parties in litigation refuse offer of conciliation without good reason even if they win their case, judge can refuse to award them some/all legal costs
