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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 less formal than arbitration, which makes it a more approachable option for parties in conflict. This informality can reduce the emotional burden associated with disputes and help create a more collaborative atmosphere. Additionally, mediation encourages active dialogue between the parties, allowing them to express their concerns and work towards a mutually agreeable solution.
Moreover, mediation provides the parties with more control over the outcome of the resolution process. Unlike arbitration, where an arbitrator imposes a decision, mediation empowers individuals to craft their own agreements, leading to increased satisfaction with the resolution.
Step 2
Weaknesses of Mediation
Answer
However, mediation has its shortcomings. It may not be suitable for all disputes, especially those involving significant power imbalances between parties. In situations where there is animosity or lack of trust, mediation might fail to yield a satisfactory resolution. Furthermore, without a legally binding agreement in place, parties may leave mediation without a clear commitment, potentially leading to further disputes.
In contrast, arbitration provides a more structured environment and can offer a definitive resolution. This is particularly important in legal contexts where enforceability and the potential for appeal are considerations.
Step 3
Conclusion
Answer
In summary, while mediation can be an effective and less intimidating means of resolving disputes, its effectiveness largely depends on the context and dynamics between the parties involved. For certain conflicts, especially those that are complex or arise from serious legal disputes, arbitration may still be the more appropriate route.