evaluation of mediation

• why is speed and convinience considered an advantage of mediation?

  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.
• why is the fact that mediation is an empowering process important??

  The system empowers the parties because they make the final agreement themselves. The solution is not imposed on them, there is mutual agreement and 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 informal nature of mediation important?


  the process is less formal than the civil courts. There are no complicated rules of evidence and lawyers arediscouraged
• why is the expertise of a 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 mediation?

  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 lack of certainty experienced 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 a lack of certainty in mediation?

  The unsuccessful mediation between Paul McCartney and Heather Mills
• how can enforceability in mediation be a disadvantage?

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

  The mediator may not have legal knowledge and therefore may be unable to deal with complex points of law.