Courts can use mediation conciliation and arbitration to resolve disputes Indeed they are relying on them to free up the court system and to provide more equitable outcomes for disputing parties Judicial determination should really be left for criminal law ID: 605597
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Slide1
Extended response
“Courts can use mediation, conciliation and arbitration to resolve disputes. Indeed, they are relying on them to free up the court system and to provide more equitable outcomes for disputing parties. Judicial determination should really be left for criminal law”
To what extent do you agree with this statement? In your discussion provide examples of how the courts use mediation conciliation and arbitration
10 marksSlide2
An example of a great introduction:
“It is true that the courts rely upon mediation, conciliation and arbitration to “free up the court system.” However the inclusion of judicial determination is essential along with these three methods of dispute resolution regardless if the case is criminal or civil”Slide3
An example of a great introduction:
“The courts’ use of processes such as mediation, conciliation and arbitration can have many benefits to both the system and the parties involved. Its frees up the courts and provides timely resolution for parties. However, judicial determination must sometimes be used in civil disputes when it is unsuitable to use an alternative method.”Slide4
Common structures
Definition:
Mediation is a cooperative method of dispute resolution in which two parties are accompanied by a third person (mediator) who facilitates the discussion.
When it is used:
Mediation is often used as a compulsory pre-trial procedure by the Magistrates’ County and Supreme courts with the aim to settle disputes prior to proceeding to court.
Strengths:
Mediation is effective as it is not subject to strict rules of evidence and procedure and this promotes a more timely resolution of dispute and encourages more open discussion where parties may seek a ‘win-win’ outcome
Weaknesses
Whilst mediation has been successful in reducing the amount of disputes proceeding to court by up to 70% there are still some problems associated with it. This includes the fact that an informal environment is not always suitable for parties who have a particularly acrimonious relationship, or for those parties who do not wish to negotiate and may not follow through on the agreed upon outcomes. As mediation is not always binding, some parties may prefer a more formal environment with a more absolute outcome.
What’s needed?Slide5
A LINK!!!!
To what?
i) to whether you think sometimes JD would be preferable in civil disputes
ii) To whether the methods of dispute resolution provide equitable outcomes
if you added a link to each paragraph, coupled with the introduction provided and a conclusion = 10 marks!Slide6
TRY IT
Definition:
Mediation is a cooperative method of dispute resolution in which two parties are accompanied by a third person (mediator) who facilitates the discussion.
When it is used:
Mediation is often used as a compulsory pre-trial procedure in all of the courts with the aim to settle the dispute prior to it proceeding to court.
Strengths:
Mediation is effective as it is not subject to strict rules of evidence and procedure and this promotes a more timely resolution of dispute and encourages more open discussion where parties may seek a ‘win-win’ outcome
Weaknesses
Whilst mediation has been successful in reducing the amount of disputes proceeding to court by up to 70% there are still some problems associated with it. This includes the fact that an informal environment is not always suitable for parties who have a particularly acrimonious relationship, or for those parties who do not wish to negotiate and may not follow through on the agreed upon outcomes. As mediation is not always binding, some parties may prefer a more formal environment with a more absolute outcome.
__________________________________________________________________________________________________________________________________________________________________________________________________________________Slide7
WITHOUT IT?
5- 6 MARKS TOPS!
It is so important that you demonstrate to the examiner that you know what the question is and that you haven’t forgotten it!!Slide8
Try a conclusion
No more than 3 sentences
Use the words
‘equitable outcomes’
Reword the contention provided and provide THE EXTENT to which you agree.
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Slide9
LINK
L- Let them know you’ve understood the question by,
I- identifying the argument and any key words you need to use
N- not finishing a paragraph until you have used those words to build upon your argument
K- Keeping track of your contention
Good links with accurate information? 10 marks