ADR - Mediation
- Created by: Hayley Petts
- Created on: 16-01-13 20:00
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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
- £1,000 - £1,500 a fay compared to legal costs of £100,000
- 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
- flexible
- 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
- a neutral third party becomes involved to try to settle dispute
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