AFM231 Chapter Notes - Chapter 4: Alternative Dispute Resolution, Arbitration Clause, Class Action
20 Mar 2016
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Document Summary
Mediation is a alternative dispute resolution by a mediators assists the parties in reaching a settlement. Popular method for negotiation because: is less expensive and quicker than other methods, is private and confidential if parties choose, helps preserve parties relationship, can result in a resolution tailored to the needs of the parties. Successful if parties consider each others position with the goal of compromise, settling the dispute and value advantages to mediation. First parties agree, then chose third party to act as mediator. Mediators can be anyone usually a lawyer or a retired judge. Mediators helps to overcome obstacles to communication and clarify interests. Mediator works for neither party: instead manages the process, organizes discussions, clears up misunderstandings and reduces tension. In mandated meditation (civil non-criminal cases forced to do mediation) a mediator will be assigned if they cannot agree on one and mediator does not impose a solution for the parties.
