1. Introduction to Mediation Advocacy

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Questions and Answers

Which of the following is NOT a characteristic of the mediation process?

It is a public forum. (correct)

It seeks a consensual agreement.

It is interest-based.

It focuses on problem-solving.

In which way does mediation differ from arbitration?

Mediation is conducted in a public forum.

Mediation is more expensive than arbitration.

Mediation results in a binding award.

Mediation focuses on interests, while arbitration focuses on rights. (correct)

What is a significant disadvantage often associated with mediation?

It lacks confidentiality.

It may require more time than other methods.

It is always binding.

It may not result in a resolution. (correct)

Which of the following best describes the role of an advocate in mediation?

To facilitate communication between the parties. Signup and view all the answers

Which statement accurately reflects the nature of costs in mediation compared to litigation?

Mediation is generally less expensive than both arbitration and litigation. Signup and view all the answers

Which characteristic defines evaluative mediation as opposed to facilitative mediation?

Emphasis on legal rights and potential court outcomes Signup and view all the answers

Which of the following outcomes can occur in a mediation process?

Full or partial settlement agreements Signup and view all the answers

What is a primary advantage of confidentiality in mediation?

Encourages open discussion without fear of repercussions Signup and view all the answers

In which type of mediation does the mediator play a more active role in guiding the process?

Evaluative mediation Signup and view all the answers

What is the primary role of a mediator in a facilitative mediation?

To enhance negotiation and maintain dialogue Signup and view all the answers

What is one of the key benefits of mediation for clients?

Quicker resolution Signup and view all the answers

Which limitation of mediation relates to the lack of public record?

No legal precedent Signup and view all the answers

What role can an advocate take before a dispute arises?

Advise on mediation viability Signup and view all the answers

Which institution is not specifically listed as a mediation institution?

Singapore Institute of Arbitrators Signup and view all the answers

What can be a consequence of mediation's lack of formal discovery?

Potential concealment of important information Signup and view all the answers

What aspect of mediation allows clients to have a say in the outcome?

Client’s control of outcome Signup and view all the answers

Which of the following is NOT a benefit of mediation for counsel?

Increase in client costs Signup and view all the answers

How does the confidentiality of mediation impact future disputes?

It limits access to successful solutions. Signup and view all the answers

Study Notes

Mediation Advocacy

Mediation is a dispute resolution method.
Mediation involves a neutral third party assisting disputing parties to reach a mutually agreeable solution.

Introduction to Mediation

Mediation is a consensual and party-initiated dispute resolution mechanism.
It is facilitated by neutral and independent mediators.
Disputants maintain control over the outcome of the process.
Mediation is confidential, without prejudice, and voluntary.
Possible outcomes include full settlement, partial settlement, or no settlement.

Mediation and other Dispute Resolution Mechanisms

Mediation, negotiation, arbitration, and litigation are different dispute resolution mechanisms.
Each mechanism has different decision-makers, natures, processes, costs, durations, and focuses.

What is Mediation?

Mediation is a consensual and party-initiated process.
A neutral third party (mediator) helps disputing parties find a solution.
Mediators help resolve disagreements effectively.
The process is confidential and voluntary.

Common Types of Mediation and Mediators

Facilitative Mediation: Interest-based and problem-solving, avoids strict legal positions, and focuses on underlying needs and interests.
Evaluative Mediation: Advisory and managerial, aims for a settlement based on legal rights and entitlements.

Benefits of Mediation

For Clients:
- Quicker resolution
- Control over the outcome
- More solutions
- Less expensive than other methods
- Confidential
- Preserves relationships between parties
- Choice of mediator
For Counsel:
- Possibly greater client satisfaction
- Opportunity to test case strengths/weaknesses

Limitations of Mediation

No certainty of settlement (unlike litigation or arbitration)
No legal precedent
No formal discovery process to force information disclosure

Evolving Roles of the Advocate in Mediation

Before a dispute: advise on amicable resolution, alternative clauses in contracts.
During a dispute: assess mediation, advise/assist client, prepare for mediation, and draft agreements.

Singapore's Mediation Landscape

Includes various mediation institutions.
Features the Singapore Courts (including State Courts, Family Justice Courts, and Supreme Court).
Includes Singapore Mediation Centre, Singapore International Mediation Centre, Singapore International Mediation Institute.
Includes industry-specific mediation schemes.

Mediation Institutions

Courts: State Courts, Family Justice Courts, and Supreme Court.
Specialised Centres: Singapore Mediation Centre, Singapore International Mediation Centre, and Singapore International Mediation Institute.
Industry-Specific Schemes: Financial, employment, and other specialised mediation schemes.

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Description

Explore the fundamental principles of mediation as a dispute resolution method. This quiz covers the roles of mediators, the process of mediation, and comparisons with other dispute resolution mechanisms. Test your understanding of how mediation promotes mutual agreements and the characteristics that define this collaborative approach.