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Mediation by Mind Map: Mediation

1. Mediation In Comparison to Arbitration

1.1. Advantages

1.1.1. 1. Mediators are only need a Bachelor's degree and additional training in the specific field. Arbitrators are typically former lawyers, judges or other trained professionals.

1.1.2. 2. Mediation ends when a settlement is reached or when the parties are deadlocked. The parties are urged to compromise and negotiate. With arbitration, it ends when a decision is handed down. This process occurs after negotiation or compromise between parties has failed.

1.1.3. 3. Parties that are able to reach an agreement through mediation are much more likely to carry out the settlement because they reached it together.

1.2. Disadvantages

1.2.1. 1. Mediators cannot make decisions for their clients while arbitrators can make legally binding decisions.

1.2.2. 2. Most mediators will work smaller disputes where arbitrators will work larger disputes.

1.2.3. 3. The parties may not come to a settlement on their own, which will result in them going to arbitration or court.

2. Arbitration

2.1. Advantages

2.1.1. 1. If both parties cannot come to an agreement through negotiation or compromise. An arbitrator or team of arbitrators will make the final decision which will be upheld by the court.

2.1.2. 2. Arbitration is kept private which is good for sheltering the reputation of both parties.

2.1.3. 3. Arbitration is much cheaper than the cost of court litigation.

2.2. Disadvantages

2.2.1. 1. There are many courts, federal agencies and even arbitrators that feel arbitration can strip away too many rights from the employee.

2.2.2. 2. If the parties choose binding arbitration, they have to uphold the final decision of arbitration as it is legally binding by the court.

2.2.3. 3. Arbitration does not include interrogations or depositions. There is also not a discovery process in arbitration.

2.3. Qualifications

2.3.1. 1. If an individual is looking to arbitrate in a specific field, they can typically get away with a bachelor's degree in that field. To work in a much broader field, a master's degree is typically a good idea.

2.3.2. 2. An individual will need to pass the bar exam in the state in which they will be arbitrating in.

2.3.3. 3. Special training in mediation and arbitration is also required. Some states will require you to be a CPA as well.

2.3.4. 4. Court appointed arbitrators are typically required to show a history of ten years of relevant experience.

2.3.5. 5. These individuals need to have strong reasoning and communication skills with the ability to be decisive.

3. Qualifications

3.1. Court-Appointed Mediator Qualifications

3.1.1. 1. 20 to 40 hours of approved mediation training. Typically, mediators who work with family dispute cases would require more training hours than those who work in civic disputes.

3.1.2. 2. Depending on the state in which a person chooses to mediate in, there may be experience required. This experience would include prior mediations performed independently or under a mediation mentor.

3.1.3. 3. A couple states require a law degree to practice as a mediator. Some states such as Pennsylvania require a specific bachelor's degree to practice as a mediator for family court. An example of required bachelor's degree would be law, psychiatry, psychology, counseling, family therapy or any other comparable social science or behavioral health field.

3.2. Independent Mediator Qualifications

3.2.1. 1. Independent mediation programs can require their own training and experience requirements.

3.2.2. 2. Most mediators will have to work under a trained mediator for a specific number of hours before they are allowed to work independently.