ALTERNATIVE DISPUTE RESOLUTIONS

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ALTERNATIVE DISPUTE RESOLUTIONS by Mind Map: ALTERNATIVE DISPUTE RESOLUTIONS

1. MEDIATION

1.1. ADVANTAGES

1.1.1. Gives each party to have thier issues addressed without being accused

1.1.2. Usually are held confidential with a neutral party advising both sides and being neutral in party.

1.1.3. Cheaper and cost effective than hiring an attorney or law firm to address the issues in court. This is especially beneficial to small companies that may not be able to afford litigation.

1.2. DISADVANTAGES

1.2.1. Some times employees don't feel like there issues are being addressed.

1.2.2. Some mediators may not take the role of being a mediator seriously and end up acting on the behalf of one particular party.

1.2.3. It is a completely volunteer process that both parties needs ot participate in order for it to be successful. There are no real rules when it comes to mediation. Experienced mediators will have rules in place on how the session will go ahead o time but it may not always be the case.

1.3. QUALIFICATIONS

1.3.1. Training: Some states require somewhere between 20 to 40 hours of mediation training for court mediators.

1.3.2. Mediators shold have experience wokring as a mediator

1.3.3. Education is important. Most mediators have some legal background or law degree, or at least a Bachelor's Degree. They should have knowledge of ethics and principals.

1.3.4. Knowledge in the practice they are mediating. Mediators can be specific to a certain issues such as discrimination issues. Understanding and knowledge the topic.

1.3.5. Some states requires the mediator to become certified to conduct mediations.

2. ARBITRATION

2.1. ADVANTAGES

2.1.1. There is a single fact finder who makes the decision based on the evidence that is presented to them so its a quicker resolution than mediation which can be dragged out over days maybe weeks.

2.1.2. Informal process as well. Both parties agree to the terms prior to the arbitration. There are rules associated with it.

2.1.3. Hard to appeal the findings of the findings. This resolves the issue once and for all and both parties can move on quickly.

2.2. DISADVANTAGES

2.2.1. Not always cost effective. Arbirtrations agreements can have binding or non-binding factors that may still open either party to ligiation proceeedings.

2.2.2. No right to a jury so each party is depending on the arbitrator to make a unbiased decision and they may not always be the case. Often with big company arbitrators may get familiar wit the parties and not judge fairly.

2.2.3. Location of where arbitration is held can also be an issue. Sometimes arbitration happens fairly quickly and it doesn't give parties enough time to gather their thoughts. Often some employees might feel taken advantage of

2.3. QUALIFICATIONS

2.3.1. Similar to mediatiors in some states arbitrators are former judges or attorneys that have training in resolving disputes.

2.3.2. Knowledge of the law or a law degree is beneficial for an arbitrator. Because they are resolving the disputes or legal issues.

2.3.3. Arbitrators have to be mobile and often travel to different places to hold their meetings. Some may have a centralize location.

2.3.4. Like mediators they should have experience in performing arbitration or have to be a license attorney because they have to make legal findings.

2.3.5. Like mediators, arbitrators need to have strong communication skills and able to make decisions and stick by it.