Mediation

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  • Created by: :-D
  • Created on: 01-10-20 15:18

Mediation

Advantages

  • Parties agree a resolution of their choice- decision reflects interests of the parties. "Win win" result compared to "Win lose" result given at courts. Enables parties to continue relationship on positive note (businesses)
  • Mediator is independent and neutral
  • Quicker and cheaper than courts- few weeks to arrange
  • Parties control the process- they pick date and time

Disadvantages

  • You can withdraw at anytime- this doesn't solve problems so takes longer. This might mean taking it to court but parties can't use information obtained in mediation in court
  • No guarantee problem will be solved as decision not legally binding and other party might not share the same attitude to mediation
  • Not suitable if party needs an injunction and if a party wants to set a legal precedent
  • Doesn't really solve the problem as they just consult -doesnt give solutions. Parties must agree to compromise for it to work but if they're not on speaking terms?
  • Amounts paid in damages are often lower compared to what you'd get in court- is it worth it??

Evaluation

Independent third party meets with the parties to try to help them reach a settlement. They can't make suggestions for solutions but facilitates the parties to make the decision for themselves. The process can arise through agreement or through requirement. They are qualified in mediation and the area of the dispute. They try to establish common ground between the two sides and then goes back and forth between them. 

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