LAWS 1000 Lecture 2: Week 2
14 Apr 2016
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Document Summary
Negotiation is considered to be an art. Meditation is a forward going process, rather than a backward going process. Mediation is about harmony, trying to ind common ground between both parties, you aren"t looking for truth, whose right or whose wrong, who did what in the past, they focus on the future between the two parties. When it comes to court settlements the judge tends to suggest settlement outside of court due to how long the court process may take. When dealing with child custody, it"s mandatory to have a mediation before the trial. We have a settlement system with a recourse to courts. 75% matters settle before even making it to trial. Adjudication isn"t by agreement of the parties. It"s commonplace for the judge to encourage settlement. Its beneicial to have a pre-trial conference (mediation) because of how long it possibly takes for a trial to ensue.
