Mediation and Arbitration

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Mediation and Arbitration by Mind Map: Mediation and Arbitration

1. Advantages of Mediation

2. Anything can be mediated, as long as it does not require certain case law for resolution. • The decisions are made by the parties. • The Mediator is an outside party with no knowledge of the case.

2.1. According to upcounsel, some Advantages of Arbitration: 1. More privately formal and less expensive. 2. Timeliness, much quicker than waiting for a court date. 3. Discovery process is simpler cuts down on trial process.

2.2. In a corporate environment, Mediation could be first attempted. If all communication is negative, to avoid further problems, it might be a good idea depending on the situation, to Mediate, if possible. If not, Arbitration could be the next best solution. Litigation should always be the last resort. As Human Resources Manager, a major responsibility is to assist the employer in maintaining a workforce free of mediation, arbitration and litigation.

3. Summarize five mediator qualifications: According to Study.com requirements include: Minimum Bachelor’s Degree with courses in negotiation. interpersonal skills. Familiar with Strategy, and Psychology or Law. Decision making, listening, and critical reasoning skills.

3.1. Comparison: Mediation details are not used in court hearings. A Mediation usually occurs before Arbitration, hopefully avoiding arbitration. In arbitration the arbitrator hears actual evidence, then makes a decision. Arbitration is the method of resolving disputes before going to court. The dispute is submitted to a third party who resolves the dispute after a hearing. Each party can make an oral argument. If Arbitration is binding, there are limited chances to appeal. Rules of evidence are different from court cases. Arbitrator makes a binding decision. Arbitrators make binding dispute resolution decisions. Arbitration still involves a disinterested third party. Arbitrator can be just a spectator, witnessing. If binding, in Arbitration, both sides give up right to Appeal. Avoids hostility. In Mediation the parties meet informally to explain their side. Arbitration is more formal and time consuming than mediation. Both attempt to avoid law suits (litigation). Mediation comes first, then if no resolution of the dispute, arbitration can occur, then a lawsuit. Attorneys are not required at arbitration hearings. Mediation is informal whereas arbitration is more formal. Arbitrators closes case and issues decision. In mediation the two parties reach an agreement.

4. Some Mediation Disadvantages are: • Agreement is documented and legally binding. • Either party can withdraw from the meeting. • Extremely quick process.

5. Disadvantages of Arbitration: • Lack of formal evidence process • Rely solely on the skills of the Arbitrator, either party can withdraw. • No discovery process is included. Arbitrator qualifications might include being: o A Retired or a Former Judge. o An Expert in the field or field of law. o Experienced in arbitration. o Possessing excellent analytical and reasoning skills, good writing skills and ability to quickly learn complex matters.