Alternative Dispute Resolution

1. Advantages of Arbitration

1.1. 1. Arbitration are private proceedings, both parties can agree to keep the proceedings private in terms of the resolution.

1.2. 2. In arbitration each party can decide who they want as their arbitrator. Each party has the choice of finding someone who is knowledgeable of their case.

1.3. 3. Arbitration is that it is usually cheaper than litigation. Even with lawyers the process is still quicker and less complicated than the court process.

2. Disadvantages of Arbitration

2.1. 1.Disadvantage is the time it takes to resolve the issue. Arbitration is not always considered a quick method.

2.2. 2. The location of where the arbitration will take place can be an inconvenience for either party.

2.3. 3. The cost of arbitration can be considered as a disadvantage because it does not always reduce its price when resolving a legal issue.

3. Five Arbitrator Qualifications

3.1. 1. Some states may require a law degree so for the individual who wants to be an arbitrator, it is required for them to have the minimum of a bachelor degree.

3.2. 2. Training for the individual in conflict resolution and/or alternative dispute resolution is required.

3.3. 3. Having prior experience as an attorney or as a business professional in the legal field is required.

3.4. 4. Licensing and Certification in some states require arbitrator to have both within that particular state.

3.5. 5. Internships with working with an arbitrator firm will help arbitrators gain experience. Part of the requirement is to have supervised arbitration before becoming an actual arbitrator.

4. Advantages of Mediation

4.1. 1. The combination of having to pay less money with a faster outcome, all parties will be paying less money in a short matter of time.

4.2. 2. Mediation takes less time with the resolution process. It can take mediation day or weeks whereas lawsuits can take up to months or years.

4.3. 3. The informality of mediation allows all parties to be more involved in the process whereas the court will keep them separate

5. Disadvantages of Mediation

5.1. 1. Mediation is not ideal ways to get to the truth of the matter. In a courtroom setting, lawyers have many tools to get people to testify and produce evidence that are not available to mediators.

5.2. 2. Lawyers may have more ways of getting evidence whereas mediators cannot.

5.3. 3. Mediation may also never come to a solution. When this happens, all parties will then have to seek lawyers to resolve their issue.

6. Five Mediator Qualifications

6.1. 1. Legal Education/Training: Licensed to practice law in the State of California

6.2. 2. Potential mediators must complete up to 80 hours of mediation training that meets the requirements.

6.3. 3. References of at least two references or evaluations from individuals who participated in mediation conducted by the applicant.

6.4. 4. Continuing Eligibility training

6.5. 5. Become Certified or Licensed.