LLB103 Lecture Notes - Lecture 5: Indemnity, Disinterest (Album), Best Alternative To A Negotiated Agreement
Document Summary
Mediation is a process that promotes the self-determination of participants and in which participants, with the support of a mediator: identify, clarify and explore interests, issues and underlying needs. Communicate with each other, exchange information and seek understanding. A mediator does not evaluate or advise on the merits of, or determine the outcome of, disputes. (msb. Parties own the dispute, they are in charge of the procedural management and in charge of its resolution. Fundamental principle of mediation participants with the support of the mediator who are doing all those things. It requires that the mediation process rely on the ability of the parties to reach a voluntary, uncoerced agreement. It is not the mediator"s doing the things listed above on behalf of the parties, it"s the: parties were acting in a self-determined manner . Mediator using a blended process, which may involve the provision of advice see section 10. 2 .
