ADR: Mediation & Conciliation

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  • Created on: 03-02-14 19:26
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Where parties reach an agreement with the help of a neutral 3rd Party mediator.
Commercial Mediation
Used by businesses and pioneered in UK by Centre for effective Dispute
Resolution (CEDR)
Other organisations now offer it like City Disputes Panel and Intermediation who
offer "no settlement, no fee" scheme
2 main methods:
1. Mediation
Neutral 3rd Party helps 2 parties reach compromise.
Mediator does not decide.
Done in series of sessions.
2. Mini Trial
Each side has lawyers who do a short presentation of the key points to a panel
made up of the 2 parties and a Mediator.
After presentation mediation session/series of sessions take place.
Some Law firms now have Mediation Departments to help their clients. (Baker
Mckenzie won an award from CEDR for mediation services)
Individual Mediation
Used by people in divorce, neighbour disputes.
Always done by mediation never Mini Trial.
Government won award from CEDR for setting up National mediation Helpline so
people can find how and where to mediate. Phone to find nearest Mediation
Schemes sometimes run at Courts. (Very successful scheme in Manchester
County Court. Run by ex policeman and does sessions in person or by phone)
1. Very high success rate
2. Quicker and cheaper
3. Private
4. Can keep ongoing business relations
5. Business feels more in control
1. Not enough businesses know about it
2. If fails still need court
3. Not enough skilled mediators. Solicitors who become Mediators often not good
according to CEDR survey
4. No clear decision or victory for one side
1. Parties make own decision rather than imposed so likely to be happier
2. Better for future relations

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Parties understand more and more in control
4. Can agree thing which court can't order e.g. who looks after pet
5. Good success rate
6. Quicker and easier
1. One person may dominate the other ­ one may be better speaker
2. May be reasons why 2 parties don't want to meet face to face (domestic violence)
3. Not necessarily cheaper ­ still need full legal advice before mediation occurs
4.…read more


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