1. MEDIATION
1.1. DISADVANTAGES
1.1.1. An agreement or resolution to the conflict may not always be successful. If the parties are unable to reach a mutual agreement, the conflict may then end up in court.
1.1.2. The settlement may not always be fair to both parties. If one party is not as familiar with the mediation process as the other, the experienced party has the chance of "tricking" the inexperienced party into an agreement that is more favorable towards the experienced party.
1.1.3. There are virtually no formal rules in mediation. The mediator has guidelines to abide by, but the discussion and outcomes are solely up to the opposing parties.
1.2. MEDIATOR QUALIFICATIONS
1.2.1. EDUCATION - Mediators typically possess a bachelor's degree, or higher, in a closely related legal field of study.
1.2.2. DETAILED - Mediators must be skilled in the ability to pay attention to detail. The position also requires a person to be extremely thorough.
1.2.3. EXPERIENCE - Courts or other agencies that employ mediators often require a certain amount of hours working alongside a mentor. These hours may be paid or unpaid (voluntary) depending on the agency.
1.2.4. LISTENING - Mediators are not there to judge nor to pick sides. They are simply there to listen. Because of this, mediators must have impeccable active listening skills.
1.2.5. PATIENCE/CALMNESS - Mediating a conflict between two disputing parties is usually a tense and stressful environment. Mediators must remain calm during meetings that may become heated and loud. An ideal candidate will be patient with both parties and understands that an agreement, although a desirable outcome, may not always happen.
1.3. ADVANTAGES
1.3.1. During mediation, disputing parties are directly involved with negotiating their own agreement. The mediator cannot decide whether each party is right or wrong. Instead, the mediator offers a neutral environment for the parties to work out their own differences.
1.3.2. Mediation is conducted in private and all disputes and outcomes are confidential. Both parties are in control of their own positions.
1.3.3. Mediation allows disputing parties to reach a resolution or agreement much faster than bringing their issues in front of judge. This options is also less costly. Lawsuits can end up costing both parties large amounts of money between court and attorney fees. Also, the losing party may end up paying a lot more depending on the conflict and the outcome.
2. ARBITRATION
2.1. ADVANTAGES
2.1.1. Arbitration is generally a quicker process than waiting on a trial date. Disputing parties likely want to have their conflict or issue resolved sooner rather than later
2.1.2. The arbitration process is a lot cheaper than a litigation process. This is because of how fast the process is and the issue is usually a lot less complex.
2.1.3. Unlike court trials, arbitrations can typically be scheduled around the persons or parties involved. Court trials are usually scheduled on an over-crowded court calendar.
2.2. DISADVANTAGES
2.2.1. Because arbitrations are usually done in private and away from the public eye, some people feel that the outcome may end up being biased or unfair based on the arbitrator's thoughts and/or beliefs
2.2.2. Arbitration clauses can pose as a "take it or leave it" issue for consumers and employees. Newly hired employees are usually presented with arbitration agreements during their orientation with a new company. Newly hired employees feel pressured into signing the agreement, or otherwise risk the chance of losing the new job.
2.2.3. If the decision made is found to be unfair or illogical, there is no recourse. One or both parties are stuck with the decision as is and cannot do much to fight it again.
2.3. QUALIFICATIONS FOR THE AMERICAN ARBITRATION ASSOCIATION NATIONAL ROSTER OF ARBITRATORS
2.3.1. Minimum of 10 years, senior-level business or professional experience or legal practice
2.3.2. Educational degree. Bachelor's degree is acceptable. A Master's degree or higher is preferred.
2.3.3. A membership in at least one related professional association.
2.3.4. Honors, awards, recognition and citations indicating leadership in closely related field(s).
2.3.5. Training or experience in arbitration and/or other forms of dispute resolutions