LS U3 AoS 2 - Mediation

Which of the following is NOT a method of alternative dispute resolution?

• Mediation

• Conciliation

• Arbitration

• Judicial Determination

What is the primary setting for mediation?

• In formal court settings

• Outside of formalised court settings

• In international tribunals

• Community Legal Centre

What role does a mediator play in the mediation process?

• Provides legal advice to both parties

• Makes binding decisions like a judge

• Facilitates discussions and helps reach a compromise

• Represents one of the parties in negotiations

Which of the following statements is true about the outcomes of mediation?

• They are always legally binding

• They become binding if a settlement deed is signed

• They are enforceable by law regardless of agreement

• They require approval from a government official

What is the primary role of a mediator in mediation?

• To determine who is right or wrong in a dispute

• To facilitate the negotiation in a less formal, and impartial manner

• To provide legal representation

• To enforce court orders

How is mediation typically ordered?

• By an agreement between private parties only

• By a judicial registrar without court involvement

• By courts and is usually conducted by a judicial registrar

• Exclusively by international tribunals

Can parties in a mediation process choose their own mediator?

• No, mediators are always appointed by courts

• Yes, but it is not paid for by the parties

• Yes, but this is paid at the parties' own expense

• No, mediators must be judicial registrars

What is a Judicial Registrar capable of doing in addition to managing court proceedings?

• Acting as a legal representative

• Serving as a mediator in court-ordered mediation

• Issuing international laws

• Enforcing police duties

Which of the following is a reason why mediation might be considered appropriate?

• Parties want a binding result to their disputes.

• There is a history of violence or threats between the parties.

• Parties are willing to discuss issues and negotiate.

• Parties are highly emotional or dominant, making negotiations difficult.

What is a potential risk when there is a power imbalance in mediation?

• Parties value privacy and confidentiality.

• One party might give up too much in reaching a settlement.

• Both parties want lower legal fees.

• A prompt resolution is achieved.