Question

Problem 4.2

Answer 1

Answer:

Issues for the disputants to consider in preparation for the mediation session:

1.Adversarial System:

b. What is your starting position (demand)? What are your underlying interests (what do  you really want)?

c. What is the best conceivable outcome from your perspective?

2.Inquisitorial System:

a. What are your concerns? How would you state the issue in the dispute?

d. What do you think the starting position and underlying interests of the other side will  be?

e. Identify two workable solutions that would solve the conflict.

Explanation:

In an adversarial system, the court act as a referee in the legal contest between the prosecution and the defence.  In an inquisitorial system, the court is actively involved in the proof of facts as the judge carries out investigations regarding the issues in order to establish the facts.  France practises the inquisitorial system, whereas the United States practises the adversarial system.