mediation

• what is mediation?

  when a third party acts as a referee
• what is the referee aka?

  mediator
• what can the mediator not do?

  suggest ways to compromise
• what type of cases is mediation popular for?

  family cases
• what act support mediation being popular in family cases?

  family law act 1996
• what type of method is mediation classed as? why?

  -modern

  -can be done online, at mediation centres etc
• give the case example for mediation

  Dunnet v Railtrack
• what did Dunnet v Railtrack establish?

  an adverse cost order for parties who refuse to mediate
• since 2011 what is compulsory for divorcing couples before going to court?

  mediation information & assessment meetings
• how much on average do mediations cost?

  £100-£200
• what are these meetings used for?

  determine appropriate course of action (mediation or court)
• give the advantages of mediation

  -private

  -quick

  -cost effective

  -maintains good relationships
• give evidence for "quick"

  -often arranged in 1-2 weeks

  -compared with 30+ week wait for court
• give the disadvantages for mediation

  -no guaranteed resolution = costs if court

  -increasingly compulsory = people won't make effort to go

  -mediator has no power