Alternative Dispute Resolution

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Alternative Dispute Resolution by Mind Map: Alternative Dispute Resolution

1. Mediation

1.1. vs. Litigation

1.1.1. Advantages

1.1.1.1. The cost of mediation is less than litigation.

1.1.1.2. Mediation is a much faster process than litigation and allows the parties to retain control.

1.1.1.3. Mediation is a private process and is not made public.

1.1.2. Disadvantages

1.1.2.1. A mediator does not deliver a judgment and agreement is not binding.

1.1.2.2. There are no rules, a timid person has a higher risk to lose more; final outcome may be unfair.

1.1.2.3. Mediation does not have a formal method of discovery for evidence; the complete truth is rarely found.

1.2. Mediator Qualifications

1.2.1. Some states and/or employers require a bachelor's degree; some employers or states may require a master's degree.

1.2.2. The state of California requires 40 hours of basic mediation training, which includes a minimum of two mediations of at least two hours in length and are co-mediated with or observed by a mentor mediator.

1.2.3. The state of California requires legal education in the form of a course on the court system and civil litigation.

1.2.4. Individual must be credible and confident; mindful of how they are perceived.

1.2.5. Mediator must be able to remain calm and impartial, and suggest effective solutions.

2. Arbitration

2.1. Advantages

2.1.1. Arbitrators are the decision makers; the ruling will bind both parties.

2.1.2. Arbitration is a formal process, with motions and evidentiary hearings.

2.1.3. Arbitrators generally find agreeable outcomes due since parties are encouraged to come up with a solution together.

2.2. Disadvantages

2.2.1. Attorneys are often present, resulting in higher costs.

2.2.2. The length of arbitration could include months of work.

2.2.3. The arbitration decision is final, there are no appeals.

2.3. Arbitrator Qualifications

2.3.1. A degree or work experience in a specific field; must have knowledge and expertise in the matters over which he presides.

2.3.2. Excellent communication skills exhibited by being patient, understanding, flexible and a good listener.

2.3.3. Ability to show compassion; each case involves people, their passions, ethics and pride.

2.3.4. Ability to remain impartial and discreet; maintaining discretion throughout the proceedings is crucial since arbitration is private.

2.3.5. Arbitrators must have strong reasoning and communication skills.