ipl-logo

Examples Of Mediator Testimony

912 Words4 Pages

4. Mediator’s image as impartial when testify Mediator testimony would compromise their image as impartial. Courts preserve confidentiality as a guarantee of impartiality, since any testimony by a neutral may be interpreted as favouring one side or another. Thus, we find a passage in Tomlinson which states:
However useful the testimony of a conciliator might be in any given case the conciliators must maintain a reputation for impartiality, and the parties to conciliation conferences must feel free to talk without any fear that the conciliator may subsequently make disclosures as a witness in some other proceeding, to the possible disadvantage of a party to the conference. If conciliators were permitted or required to testify about their …show more content…

Possible outcomes of given situations

During the mediation meeting, if one of the parties expressed in confidence that they have contravened some alleged criminal act and would like the mediator to keep it confidential, possible scenarios and outcomes are discussed in the following section:

Scenario 1
If the situation prevailed that, the mediator feels that the statement provided by the party is mentioned rather accurately to be true. The mediator can then terminate the mediation process, since all parties have the right to terminate the meeting at any time during the mediation meeting. After considering the impact of the situation, the mediator can consider reporting the case to the police.

The possible outcome of this scenario maybe that the authority may use the communication as evidence. If the party was a suspect of a crime, then the communication may be of use. It is actually dependent on the how materialistic the communication is.

Scenario 2
Continuation of the full mediation process to seek for the mutually agreed settlement completed the mediation by both party signing the mediation settlement agreement. Then the case is reported to the …show more content…

A MOU maybe signed or may not. After the meeting, the case is reported to the police.

The possible outcome of this scenario would be similar to scenario 2.

Scenario 4
Disregarding the mediation result and ignoring the party statement.

The possible outcome of this scenario maybe that, if the mediator is so meticulous and calculated, no potential consequence could be caused In other case, if the party get caught by the police and finally found guilty and imprisoned, the respective party might reveal to the court about why the mediation process. Then, the worst outcome to the mediator would be that important evidence is upheld for further legal actions towards the mediator.

6. Conclusion The basic foundation of mediation is the confidentiality in the process and between parties; the principle of trust is the key of mediation, being a useful and successful method as an alternative dispute resolution. The establishment of the trust is vital. That is why under different jurisdiction, handling of this matter ought to be delicate and

Show More
Related

Case Brief Of R V Gudgeon

902 Words | 4 Pages

The appellant and various other members of the conspiracy were then arrested. As the trial was conducted, the appellant’s conviction was inevitable. There was overwhelming prosecution evidence of his guilt, to which the appellant added admissions on oath in the course of giving evidence at his trial. However, he would not have done so but for the prosecution evidence; a perusal of the material portion of the trial record reveals that the appellant’s purpose in giving evidence was to demonstrate how his involvement was connected to the activities of law enforcement officials and their agents.

Read More

Tyron Taylor V. James Baskin

1968 Words | 8 Pages

I never knew lawyers and judges talked openly about a case in front of the public. Tyrone Taylor’s lawyer public defender Richard E. Rydelek wanted to make sure nothing was going to be asked to self-incriminate his self from his rights of the Fifth Amendment. After that agreement was set, two policemen retrieved already incarcerated from behind the doors of the judge chambers. Once Tyrone Taylor sat down his lawyer Richard E. Rydelek wanted to guarantee in front of the judge again that nothing would be asked to self-incriminate his client. Judge Green then asked defense lawyer

Read More

Complainant Allen And Challenging Members Of The Metropolitan Police Department

437 Words | 2 Pages

Complainant Allen advised that on the night of April 26, 2017 she had just arrived home and she saw Francheska assaulting her boyfriend outside of her apartment building. As Complainant Allen was going to her apartment, Francheska made a statement about Complainant Allen being involved with her boyfriend. Complainant Allen and Francheska excahnaged words and Complainant Allen went to her apartment. Francheska and Qyneshia followed Complainant Allen and forced their way inside of Complainant Allen’s apartment and refused to leave. Complainant Allen and Francheska continued to exchange word and finally Complainant Allen was able to get Francheska and Qyneshia to leave her apartment.

Read More

Summary: The Case Of Miranda V. Arizona

1089 Words | 5 Pages

Chief Justice Warren declared that the burden is upon the State to demonstrate that ‘‘procedural safeguards effective to secure the privilege against self-incrimination’’ are followed. ‘‘Interrogation while being unable to communicate with the rest of the world is at odds with one of our Nation’s most cherished principles – that the individual may not be compelled to incriminate himself.’’ Ernesto Miranda was not apprised of his right to consult an attorney which conflicts the ‘‘fundamental fairness’’ standards the Court has established. Judicial fairness influenced the judge’s decision. The prestige built up by the American justice system on how fairness and equality play a large part on how court hearings are done.

Read More

Summary Of Picking Cotton

1188 Words | 5 Pages

However, these two men would not have suffered what they never deserved to if there were enough strong evidence their innocence. According to a survey of Ohio State University, there are about 10,000 people in the United States might be wrongfully convicted of serious crimes each year; also, this survey points out that there are more than half of those wrongfully convicted cases (52.3%) were built on eyewitness misidentification (Tom Spring). Unfortunately, Ronald Cotton was one of victims of those wrongfully convicted cases. The book tells us that after spending 5 minutes of studying mug shot photos, Jennifer, who was a victim of rape, picked Ronald Cotton who was one of the pictured; second, during the lineup, she picked him again without

Read More

Integrated Domestic Violence Courts: A Case Study

1652 Words | 7 Pages

Results from the interviewing the justice members and the community stakeholder showed positive responses. Several showed a concern with the process being lengthy, not offering good enough treatments for the mental health, no help with financial issues and lack of communication between criminal and domestic violence courts which can affect the decision and be a risk to a victim. One positive outcome that has been proven by domestic violence courts is having a peace bond. There is a decrease in the number of trials showing that accused are willing to take advantage of the treatments they are being offered

Read More

Explain What Would Happen If We Have Prevented The War Of 1812

477 Words | 2 Pages

When two people are involved in a dispute the scope is way less then when two countries are disagreeing. A major necessity is that both parties have to be willing to sit down and want to talk things out. Some keys

Read More

Miranda Vs Arizona

1287 Words | 6 Pages

Miranda v. Arizona: Impacting Criminal Justice Policy The role the United States court system plays in the creation and implementation of criminal justice policy is far reaching and powerful. And when the court deciding an issue is the highest in the land, the Supreme Court of the United States, the impact of the decision on the entire criminal justice system can be profound. Such is the case of Miranda v. Arizona, a landmark decision handed down by the Supreme Court in 1966 that continues to impact how justice is meted in our country today.

Read More

Flon Disenfranchisement

1408 Words | 6 Pages

It is important to keep the groups small for mediation because smaller groups are more likely to be successful in mediation talks (Klerman and Klerman 692). While reducing the number of people at the table inevitably reduces the amount of voices that can be represented, the committees will still be large enough as to not marginalize significant voices. Each mediation must also have somebody controlling the discussion. In this instance, legislators in Florida will pass a bill allocating $200,000 to pay for professional mediators from the United States Department of Justice directing the discussion. A professional mediator can analyze the strengths and weaknesses of each case before setting expectations for the results (Klerman and Klerman 691).

Read More

The Mcmartin Trial

1122 Words | 5 Pages

Paul, the evidence from the DA’s office, the doctors, members of the Children's Institute International (CII) and clients. He had to work together with them to defend his case. This was shown when a plea bargain was offered to Ms. MaMartin. 2. How significant was discretion with respect to the defense attorney?

Read More

The Importance Of The Fifth Amendment

480 Words | 2 Pages

The fifth amendment to the United States constitution should remain just as it is, meaning that no person should be forced to provide incriminating evidence against themselves. And to do so would go against the natural law of self preservation. But by not compelling a person to provide evidence against themselves offers one relief from perjury in order to preserve themselves. The speaker equates not answering to lying which is incorrect, the speakers strawman example of not answering a spouse is an untruth and is an unrealistic example.

Read More

Summary Of Terrance Bogan's Being Mommy Behind Bars

1497 Words | 6 Pages

Testimony is the elements or opinion of experts in the field that is discussed. Testimony is a recurring element Bogans uses throughout his essay. He makes a bold move of offering testimony against his thesis or claim but also offers testimony supporting his claim. A notable place Bogans

Read More

Victim Witness Goals

673 Words | 3 Pages

Victim witness programs are used by the government in order to provide support and assistance to those who fall victim to a crime. According to Victim Witness Program, the primary goals of such programs, include but are not limited to, encouraging victims to participate in any parole and supervised release processes of their offender, notify and facilitate victims in participation of any hearing or release dates in regards to their offender, provide options for supportive services, and advocate for crime victims (2015, para.1). The organization under which the victim-witness program is located is under a system, which has many internal constituencies, thus creating competing and conflicting purposes. The goals of the victim-witness program are quite simple and seek out to give the victim the right to be represented during the processing of the offender, however, given the multiple roles the court, for example, must serve, the goals of the victim-witness program can be both complex and conflicting.

Read More

Reflective Essay On Mediation

1566 Words | 7 Pages

Overall, I recognized that mediation is a much better choice than adjudication (Bishop, p. 38). Mediation not only restores relationships but it settles disputes and facilitates understanding, learning and growth (Bishop, p. 6). Additionally, the in class mediation made me realize that mediation is not linear. In a mediation, the mediator has to constantly adapt in order to move the parties closer to a solution. Furthermore, through the four in class mediations I realized that mediation could be applied to a wide variety of scenarios.

Read More

John Galtung's Theory Of Conflict Analysis

1038 Words | 5 Pages

It is a particular type of third party involvement. The literature review explains the lack of agreement about the description of mediation, though Bercovitch explained an appropriate description. He explained mediation as a system of conflict management, linked to but particular from the parties' own attempts, where the conflicting parties or their representatives look the support, or accept an offer of support, from a person, group, organisation or state to modify, impact or impact their behaviour or perceptions, without resorting to physical force or appealing the legal authority”

Read More

More about Examples Of Mediator Testimony

Related Topics

Open Document