ADR - Mediation

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  • ADR  - Mediation
    • a neutral third party becomes involved to try to settle dispute
      • works with both parties
      • keeps own views private
      • tries to find common ground between parties
      • keeps confidentiality
    • Formalised Settlement Conference
      • mini trial
      • both sides present case to panel
        • made up of member of each party and a neutral third party
      • if they cannot come to a decision - neutral third party acts as mediator
    • Mediation Service
      • e,g, Centre for Dispute Resolution (1991)
      • save a lot of money
        • £1,000 - £1,500 a fay compared to legal costs of £100,000
          • major commercial cases = £1m
    • advantages
      • flexible
        • parties decide format
      • allows both parties to remain on good terms
      • cheap and quick
        • few weeks to arrange and leads to quicker settlement
      • private and voluntary
      • 90% succeed
      • decision do not have to be strictly legal
        • reflects interests of the parties
    • Disadvantages
      • could still need to go to court
      • amounts paid in damages are lower
      • dependent on skilled mediator
        • especially for weaker party
      • common ground needed


J Drabble

A very detailed mind map, well written with a lot of detail relating to mediation - great for self testing or practise writing describe or discuss answers as part of revision.

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