LAWS 1000 Lecture Notes - Lecture 18: Small Claims Court, Family Law, Alternative Dispute Resolution
Document Summary
Looking at the discussion by fiss, talking about the differences between adjudication and adr. We found that while the process of judging and mediating are very different, mediation is very involved with interests, it is not about norms. Although dealing in norms leads to different types of process, there are things that the judges do that are necessary to the things that they oversee. Judges and mediators cannot be biased, they must be seen as being neutral. Mediators ensure that they spend equal amounts of time moving between the parties. What is key is the importance of (cid:373)ai(cid:374)tai(cid:374)i(cid:374)g the se(cid:374)se of (cid:271)ala(cid:374)(cid:272)e so that people feel like the(cid:455)"(cid:448)e (cid:271)ee(cid:374) heard: people who take part in mediation feel like they have control over their case. They decide the things that they will do. In mediation, the outcome that the people are seeking is a compromise.
