mediation

• • the disputing parties use the aid of an independent third party to assist them in resolving their dispute.
  • the mediator acts as a messenger between the parties
  • the parties do not need to meet, the mediator can pass on offers and counter offers
• • the mediator is there to help facilitate a compromise between the two parties, however he/she does not act as an advisor
  • The decision made at the end of the process must come from the two parties themselves, the mediator helps them clarify the issues thathave arisen.
• • Mediation is used in family cases, such as those involving disputes over children or distribution of property. It is encouraged by the Family Law Act 1996
  • West Kent Independent Mediation Service offers free service from trained voluntary mediators to try and resolve neighbour disputes.
• • The mediation will be arranged by the mediator at a time, date and place that is convenient to both parties.
  • The process is private and the exact procedure can vary depending on the dispute.
  • Usually each party sets out their position and then have private meetings with the mediator
• • The mediator acts as a go-between, he/she remains impartial at all times and only encourages the parties to reach an agreement, the mediator cannot impose a solution.
  • The parties must pay their own legal costs if they choose to have legal representation.
  • An agreement may become legally binding if the parties wish.
• What are the advantages of mediation?

  speed and convenience

  empowering process

  informal nature

  expertise of the mediator
• What are the disadvantages of mediation?

  Imbalance of power

  lack of certainty

  enforceability

  lack of legal expertise
• Why is the lack of legal expertise a disadvantage of mediation?

  The mediator may not have legal knowledge and therefore may be unable to deal with complex points of law.
• why is enforceability, or a lack of, be a disadvantage of mediation?

  In some cases it can be difficult to manage mediation, especially where the parties have strong emotions. The agreement can only be made legally bindingif both parties agree. Otherwise the agreement is not legally binding and cannotbe enforced through the courts. The dispute may therefore end up in court.
• why is the lack of certainty in mediation a disadvantage?

  There is no guaranteed outcome. Mediation does not follow the rules of precedent and the parties may not be able to compromise. This will mean the process has failed.
• What is an example of mediation's success?

  Paul McCartney's divorce from Heather Mills
• why is the imbalance of power in mediation a disadvantage?

  one party may be stronger than the other and exert pressure onthe weaker party. This sort of intimidation would not be allowed in a courtroom. E.g. in family cases one partner may be more dominant than the other
• why is the expertise of the mediator an advantage of mediation?

  Mediators have specialist knowledge in the area of the dispute. They are usually trained and understand how the mediation process works.
• What did Lord Woolf Say in terms of the expertise of mediators?

  skilled mediators are now able to achieve results satisfactory to both parties in many cases which are quite beyond the powers of the lawyers and the courts to achieve
• why is the informal nature of mediation an advantage?

  the process is less formal than the civil courts. There are no complicated rules of evidence and lawyers are discouraged. This makes the process faster, and less traumatic for the parties involved.
• why is the fact that mediation is an empowering process an advantage?

  the system empowers the parties because they make the final agreement themselves. The solution is not imposed on them, there is mutual agreementand both parties are left satisfied. Mediation is encouraged by the courts. Parties wanting legal aid in divorce proceedings are obliged to try mediation
• why is the speed and convenience of mediation an advantage?

  mediation is quicker than the courts. The meeting is arranged at the earliest opportunity. The date and time are agreeable to both parties and therefore they are not waiting for a court date which may take several months