QUESTION 9

1. Which of the following best describes the process of mediation?
2. a.Mediation requires the parties to engage in lengthy discussions with one another in order to try to reach a mutually beneficial outcome. Mediation does not involve any independent third party. Mediation is a form of ADR in which the parties themselves work to reach a conclusion.
3. b.Mediation requires the disputing parties to engage an independent third party to help them to arrive at an agreement acceptable to all parties. The role of the mediator is not to impose a solution but to help the parties explore the options available to them.
4. c.Mediation involves the parties or their legal representatives engaging directly in order to find some form of mutually acceptable solution to their dispute. The role of the mediator is to help the parties explore the options available to them. Mediation normally requires that some compromises be made by both parties. Mediation is legally binding upon both parties.
5. d.The parties meet before a neutral third person called the mediator. The mediator will be skilled in the dispute area and is more active than a conciliator in that they will express an opinion about the relative positions of the parties and suggest possible solutions. Unlike arbitration, mediation is binding.
6. e.Mediation is similar to Court proceedings. The parties appear before an impartial third person (a mediator) who considers the merits of each case and then makes a decision that is binding on both parties.