Introduction

Besides than court system, there are other ways for people to solve their disputes. Due
to the inefficiency of the court system, 2 main alternative dispute resolutions such as
mediation and arbitration are to be introduced. Alternative Disputes Resolution also
known as ADR refers to settling the disputes outside the court. ADR includes neutral
evaluation, negotiation mediation and arbitration. As the court queues increase, rising
costs of litigation and time delay, ADR program is introduced. Mediation is a completely
voluntary and confidential form of alternative dispute resolution. It is also a fair and
efficient process to help employer resolve employment disagreement and reach an
agreement. In mediation process, it involves an independent and fair person helping 2
or more individual or groups to reach a solution that is agreeable and acceptable by
everyone. Mediator can talk to both sides together and separately. Mediators do not
make judgement or decision. They ask question that help to solve problems and assist
both parties to understand the issues and help them to clarify the options for resolving
their differences. By choosing a mediator, it can resolve employment discrimination
disagreement by promotes a better working environment and reducing costs. The aim
for mediation is to restore and maintain the employment relationship. Which means the
main focus is working together along, not to determine who was right or wrong in the
past. Many kinds of argument can be mediate if those involves want to find a way to
move forward. The main advantages of this mediation are allowing both parties to
control the process and the solutions.

Explanation

Mediation is a form of ADR. ADR stands for Alternative Dispute Resolution. The term
‘ADR’ covers all the alternatives to judicial resolution of conflicts. Mediation is the
process whereby a third party acts as the middle man through which 2 dispute parties
communicate and negotiation, in an attempt to reach a common judgement to all the
problems. Mediators are individuals who are trained for negotiation and they may move
between the parties and communicating their opinion with the parties. Mediators also
may operate in the occupancy of both parties. Mediation has also become a method for
resolving disputes between investors and stock brokers.

Mediation in Divorce

Mediation play an important role in a family matters. In divorce cases, mediation has
been used to enable both parties to work out an agreed settlement rather than having
one of them imposed outside by the court. The important of mediation was
strengthened in the Family Law Act 1996, but it is important to realise that there are
potential problems with mediation. In marriage guidance, mediation is to be provided
on a funded basis, by the Legal Aid Board. Mediation is not to grant unless it is appears
to be suitable for the case. There is a Code of Practice which must keep the possibility of
reconciliation under review throughout the mediation and inform clients about the
availability of the independent legal advice. Mediation is to be offered at an early stage
in the new process. This will be done by invitation to the party filing the Statement to
attend a meeting with a mediator to explore whether advantage can be taken of the
facility. The court will be able to adjourn proceedings for the meeting with the mediator
so that the court may be informed whether the appointment was kept and whether the
appointment was kept and whether mediation will be used. It remains to be seen
whether the introduction of mediation will be success story. While debate in the House
of Commons rumbled on to the effect that ‘it is better to have mediation than to have
lawyers arguing about costs’, in the House of Lords it was recognised that success
depends very much on the qualities and background experiences and training of the
mediator.

Advantages of Mediation


o Free

Mediation is available for free for both parties.


o Fair and neutral

Both parties can decide the settlement terms and condition by themselves. There are no
determinations of guilt or innocence in the process of mediation.


o Saves time and money

Mediation occurs at the early stages of the charges process, and a lot of mediations are
completed in 1 meeting. Legal representations are optional but not required.


o Confidential

All parties will sign a confidential agreement. Information that is disclose during
mediation will not be reveal to anyone include the legal staff.
 
o Improves communication

Mediation provides a neutral setting where both parties can discuss their views on the
underlying disputes. Enhanced communication can lead to satisfactory resolution.

Disadvantages of Mediation


o Having a lawyer

Some of the people they wish to have their lawyer to be present but it has to be
approved by another parties.


o The agreement is legally binding

The agreement between parties that involved is legally binding in most judicial systems.
The agreement is documented with the written word. When there are no lawyer present,
some people might be hesitant to sign the agreement without review it.


o Anything can be mediated

With mediation, anything can be mediated. The smallest of disagreement, such as

dispute over an electric bill can be mediated. There are no limitation on amount of
money that involved in mediation. As long as the disputes does not required judicial to
resolve, then it can be mediated.


o The mediator is an outside party

The mediator that is hired is an outside party. He or she does not have any previous
knowledge of the case. This can be somehow a difficulty in the process.


o Either party can withdraw
Another disadvantage of mediation is that either party can withdraw from the
proceedings at any time. In litigation, the only party that can withdraw is the plaintiff, if
they drop the suit