Alternative Dispute Resolution Mediation vs. Arbritration

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Alternative Dispute Resolution Mediation vs. Arbritration by Mind Map: Alternative Dispute              Resolution                Mediation vs. Arbritration

1. Mediatior Qualifications

1.1. Summary

1.1.1. Most states do not have any requirements for the practice of mediation. Mediators are not biased aides that help settle law conflicts through arbitration. Recommendations of requirements varies from state to state.

1.2. 1

1.2.1. General Education -No formal licensing or certification process exists in the U.S. for mediators. A Bachelor's Degree in psychology, law, conflict resolution management, social work or public policy is preferred. Training is available through independent mediation programs and national and local mediation membership organizations.

1.3. 2

1.3.1. Experience - Working in your related field to obtain experience (Kelly, 2017).

1.4. 3

1.4.1. Certification - Depending on the amount of additional training completed, there are different levels of certification.

1.5. 4

1.5.1. Advanced Education - Obtain a Master's Degree in mediation. Some have also pursued a Law degree.

1.6. 5

1.6.1. Employment - None of the above qualifications guarantee an individual to become a mediator. Court mediators need to be familiar with the theory, ethics, principles and practical application of mediation. The more training and education, the better the opportunity for an individual to be selected for the position.

2. Arbitration Advantages

2.1. 1

2.1.1. The first advantage of arbitration is that they are private proceedings. Both parties can agree to keep the proceedings private in terms of the resolution. The privacy with arbitration is that it can save both parties of embarrassment.

2.2. 2

2.2.1. Another advantage to arbitration is that each party can decide who they want as their arbitrator. Each party has the choice of finding someone who is knowledgeable of their case. With their expertise, the arbitrator will understand the case and any evidence that is presented to them.

2.3. 3

2.3.1. The third advantage to arbitration is that it is usually cheaper than litigation. Even though lawyers are hired during the arbitration process, it still cost less to resolve a case through this process. The process is still quicker and less complicated than the court process.

3. Arbitration Disadvantages

3.1. 1

3.1.1. The first disadvantage to arbitration is the cost. The cost of arbitration can be considered as a disadvantage because it does not always reduce its price when resolving a legal issue. Arbitration can take many forms and can cause an increase in cost whereas litigation may not.

3.2. 2

3.2.1. Another disadvantage is the time it takes to resolve the issue. Arbitration's are not always considered a quick method. Depending on the issue and how many parties are involved, sometimes it can take just as long as litigation to resolve the dispute.

3.3. 3

3.3.1. ccording to My Educator (2017), “Creeping Legalism” is the reason the cost and length of arbitration has increased. This is due more cases uses attorneys as arbitrators.

4. Mediation Disadvantages

4.1. 1

4.1.1. Mediation may not be the best way to resolve conflicts as compared to hiring a lawyer. Lawyers may have more ways of getting evidence whereas mediators cannot (“What are the disadvantages of mediation?,” 2016).

4.2. 2

4.2.1. Mediators can not do much as they are a 3rd party that is just there to keep the meeting flowing.

4.3. 3

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

5. Mediation Advantages

5.1. 1

5.1.1. Most important benefit is that it cost much less and is much quicker process for mediation over arbitration.

5.2. 2

5.2.1. Mediation is much less stressful than litigation. The process is controlled by the parties and not a judge or jury.

5.3. 3

5.3.1. Confidential is an advantage to mediation, as well. Court cases are public whereas mediation is more private.

6. Arbitrator Qualifications

6.1. Summary

6.1.1. Commonly referred to as "alternative dispute resolution, arbitration is an alternative method of conflict resolution. Those who may be attempting to settle disputes outside of a court can call upon an arbitrator. They assist and are also responsible finding a resolution by taking on the role as a judge in a less formal environment than regular trial courts (Lindsay, 2017).

6.2. 1

6.2.1. General Education - Unless the state requires a law degree, at minimum a bachelor's degree is required.

6.3. 2

6.3.1. Experience-5-10 years of experience practicing law or working in a related industry .Decisiveness, strong communication and reasoning skills a must.

6.4. 3

6.4.1. Education - Unless the state requires a law degree, at minimum a bachelor's degree is required, Master's degree preferred (Lindsay, 2017).

6.5. 4

6.5.1. Certification -According to the National Academy of Arbitrators, it is required to have 10 years of experience at a senior level of business or legal.

6.6. 5

6.6.1. Employment- Honors, awards and citations indicating leadership in your field is a plus.. Hold a high regard by peers for integrity, good judgment and fairness. Dedicate to upholding the Code of Ethics for Arbitrators in disputes.

7. References

7.1. 1.

7.1.1. The advantages of mediation cases over traditional lawsuits. (2016). Retrieved January 23, 2017, from http://adr.findlaw.com/mediation/the-advantages-of-mediation-cases-over-traditional-lawsuits.htm

7.2. 2.

7.2.1. Kelly, B. (2017). Chron. Retrieved from http://work.chron.com/qualifications-needed-become-court-mediator-22320.html

7.3. 3.

7.3.1. Lindsey, T. (2017). Chron. Retrieved from http://work.chron.com/qualifications-becoming-arbitrator-5992.html

7.4. 4.

7.4.1. State requirements for mediators. Retrieved January 23, 2017, from http://www.mediationworks.com/medcert3/staterequirements.html

7.5. 5.

7.5.1. The University of Phoenix. (2017). Risk Management, Topic 3. Retrieved from University of Phoenix, My Educator-HRM/420 website.