Mediation vs. Arbitration or Litigation

L.Miller HRM/420 01/20/19

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Mediation vs. Arbitration or Litigation by Mind Map: Mediation vs. Arbitration or Litigation

1. Advantages of Mediation

1.1. Less expensive than going to trial and the legal process with lawyers. Involves a neutral mediator instead of a lawyer or judge. Involves a neutral mediator instead of a lawyer or judge.

1.2. Mediation gives the two parties more control in the negotiation process and the outcome. The process is structured and empowers both parties to express themselves, be heard, and have a role in determining the outcome. Mediation allows both parties to have equal say and flexibility in reaching a desired outcome instead of a winner-take-all ending where only one person ends, but in actuality no one won.

1.3. Mediation reaches a resolution quicker than litigation. Takes only a day or a few days. The settlement or agreement feels better because both parties mutually agreed to the decision. Mutual agreements are more enjoyable than court judgements. Extremely quick process.

2. Disadvantages of Mediation

2.1. Litigation and court process take a long time and can take months or years to reach an agreement or resolution. Lawyer or judge makes the final decision, which may not be favorable for at least one of the partipants. Litigation is stressful and intimidating.

2.2. Resolutions and mutual agreements are not guaranteed. Both parties may not agree on the outcome. Lack of formality, procedural and constitutional protections. Legal precedent cannot be set for mediation.

2.3. Litigation requires the presence of a lawyer or attorney. The mutual agreement reached is legally binding. Results become public court records.

3. Disadvantages of Arbitration

3.1. Participants do not work together to reach a resolution. Both sides have hostility. Estranged relationship.

3.2. Cost for lawyers, attorneys, court fees. Timely, lengthy court process.

3.3. Final decision is final with little to no recourse. Lack of transparency since hearings are held in private. This makes the process susceptible to being tainted or bias.

4. Advantages of Arbitration

4.1. Parties encouraged to participate fully and help structure the resolution. Participates more likely to work together peacefully.

4.2. Less expensive than litigation. Proceedings held in private and final resolution remains confidential.

4.3. Quicker resolution process and less complicated. Rules of evidence and procedure do not apply.

5. Mediator Qualifications

5.1. 5 Mediator Qualifications: Master’s degree preferred. Bachelor’s degree plus graduate level certificate in conflict resolution required. Demonstrated and illustrated knowledge, experience and skills as a mediator. 20 – 40 hours of basic training, varies by state and level.

6. Arbitrator Qualifications

6.1. Licensure, education, experience set by each state. Bachelors most likely degree required but education requirements are not standard. Law degree or master’s degree in conflict resolution or alternative dispute resolution. Display excellent communication skills and listening skills. Must have some type of formal training and expertise in the field of arbitration.