What can be a result of mediation not being governed by strict rules?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Mediation not being governed by strict rules allows for a greater level of flexibility in the process. This flexibility means that parties can tailor the mediation to better fit their specific needs and circumstances, discuss issues in a more informal and open manner, and explore creative solutions that may not be possible in a more rigidly structured environment. The ability to adapt the mediation process can lead to a more collaborative atmosphere, where participants feel empowered to contribute freely and focus on finding mutually acceptable resolutions.

In contrast, the other options suggest potential challenges associated with a lack of strict rules. For example, without clear guidelines, mediation could potentially take longer due to the absence of a structured framework to guide discussions. It could also become contentious, as the absence of rules might lead to disagreements about the process itself. Moreover, it is not accurate to suggest that mediation can only address minor disputes; mediation is used across a wide range of conflict types, from minor to complex issues. Therefore, the flexibility inherent in mediation is a significant advantage, enabling a more personalized and effective approach to dispute resolution.

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