InterviewSolution
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InterviewSolution
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How can mediation be entered into? Identify and explain the type of mediation being discussed here(a) The type of mediation that is focused on providing the parties with an evaluation of their case and directing them toward settlement. (b) The mediators that act as guardian of the process, not the content or the outcome.(c) The mediation practice that is focused on supporting empowerment and recognition shifts, by allowing and encouraging deliberation, decisionmaking and perspective-taking. |
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Answer» Mediation is a method of ADR in which parties appoint a neutral third party who facilitates the mediation process in-order to assist the parties in achieving an acceptable, voluntary agreement. Mediation is premised on the voluntary will of the parties and is a flexible and informal technique of dispute resolution. Broadly speaking, mediation may be triggered in three ways: (i) Parties may agree to resolve their claims through a pre-agreed mediation agreement without initiating formal judicial proceedings (pre-litigation mediation). (ii) Parties may agree to mediate, at the beginning of formal court proceedings (popularly known as court referrals). (iii) Mediation may be taken recourse of, after formal court proceedings have started, or even post trial, i.e. at the appellate stage. (i) Ev aluative (ii) Facilitative (iii) Transformative |
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