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'Mediation is a better way to resolve disputes than a more formal method such as arbitration.' Discuss this statement. - VCE - SSCE Legal Studies - Question 11 - 2016 - Paper 1
Question 11
'Mediation is a better way to resolve disputes than a more formal method such as arbitration.' Discuss this statement.
Worked Solution & Example Answer:'Mediation is a better way to resolve disputes than a more formal method such as arbitration.' Discuss this statement. - VCE - SSCE Legal Studies - Question 11 - 2016 - Paper 1
Step 1
Strengths of Mediation
Answer
Mediation is often considered less formal, which can create a more comfortable environment for the parties involved. This informality can help facilitate open communication and promote a collaborative approach to resolving disputes. Additionally, mediation allows parties to maintain more control over the outcome, as they can work toward a mutually agreeable solution.
Step 2
Weaknesses of Mediation
Answer
However, there are limitations to mediation. It may not be suitable in situations where there is significant animosity between the parties or where a clear resolution is required. Mediation does not always lead to a binding agreement, which could leave parties without a definitive resolution.
Step 3
Comparison to Arbitration
Answer
In contrast, arbitration is a more formalized process that typically results in a binding decision made by an impartial third party. This can provide certainty and closure for the disputing parties, especially in complex disputes where a clear ruling is necessary. However, arbitration can be more expensive and time-consuming compared to mediation.
Step 4
Conclusion
Answer
In conclusion, whether mediation is better than arbitration largely depends on the specifics of the dispute and the goals of the parties involved. Mediation may be advantageous in fostering cooperation and preserving relationships, while arbitration can be more effective in providing a definitive resolution when required.