1. Advantages of Mediation vs. Arbitration
1.1. Parties reach an agreement
1.1.1. parties are vested in resolution
1.2. Assistance provided to reach a resolution
1.2.1. assistance with negotiating an resolution
1.3. Less formal
1.4. Private form of dispute resolution
1.4.1. Confidentiality – not public record
2. Disadvantages of Mediation vs Litigation
2.1. unresolved
2.1.1. unable to reach an agreement
2.1.2. seek other avenues to resolve
2.2. agreement not upheld
2.2.1. non-binding agreement
2.2.2. matter ends up on court
2.3. time wasted
2.3.1. no resolution reached
2.3.2. unresolved conflict remains
3. Arbitrator Qualifications
3.1. Bachelor’s degree
3.1.1. ideally in a field to gain industry or legal experience
3.1.1.1. gain knowledge and expertise to better assist your ability to manage conflict and negotiate
3.1.1.2. select an interest area appealing to your personal interest of appealing to your career
3.2. Master’s or Law Degree
3.2.1. conflict resolution or business administration most relevant graduate studies
3.2.1.1. certified in dispute resolution
3.2.2. Juris Doctrine – ability to be specialized in arbitration
3.3. Work experience
3.3.1. industry experience - minimum of 5-15 years working in related field of practicing (varies)
3.3.2. strong communication skills, reasoning and decisiveness
3.3.3. highly experience business professional or lawyers
3.3.4. extensive industry knowledge or knowledge of the law
3.3.5. arbitration experience
3.3.6. dispute resolution
3.4. Licensure
3.4.1. licensure depend on arbitration pathway
3.4.1.1. attorney
3.4.1.1.1. bar exam
3.4.2. state requirement for licensure
3.4.2.1. real estate
3.4.2.2. contractor
3.4.2.3. architecture
3.5. Continued education/knowledge
3.5.1. dependent upon organization affiliation
3.5.1.1. American Arbitration Association (AAA) – 2.5 hours of training yearly
3.5.2. educational requirements to maintain law license
4. Arbitration Disadvantages
4.1. foregoes right to appeal in binding arbitration
4.1.1. decision is final
4.2. evidence maybe admitted by arbitrator that may not be admissible in court
4.2.1. arbitrator may use this information when reaching a decision
4.3. no cross examination of witness evidence
4.3.1. documents provided is the narrative used
4.4. limited ability to obtain information related to dispute
4.4.1. information has likely been gathered in litigation through discovery
4.5. may not always be the most economical option
4.5.1. costs associated with resolution varies dependent upon nature of dispute
5. Arbitration Advantages
5.1. dispute settlement outside of court
5.1.1. hold a hearing
5.1.2. evidence presented
5.1.3. opinion given by arbitrator
5.2. less formal private setting
5.2.1. confidentiality
5.3. mutual agreement on arbitrator
5.4. timeliness of dispute resolution
5.5. costs savings
5.6. binding agreement
5.6.1. limited ability to appeal
6. get certified
6.1. participate in mediations
6.2. complete state approved training
6.3. obtain state specific requirements
7. Advantages of Mediation vs Litigation
7.1. resolution outside of court
7.1.1. mediator works with both parties to resolve
7.1.2. assistance with negotiation
7.2. cost savings
7.2.1. avoids costs of attorneys, experts and discovery
7.3. quicker resolution
7.3.1. parties reach a common ground
7.3.2. agreement of resolution
7.4. no obligation to reach an agreement
7.4.1. walk away and seek resolve through other measures
8. Disadvantages of Mediation vs Arbitration
8.1. Unresolved dispute
8.1.1. dispute may require court decision to resolve
8.2. Lower level of expertise required
8.2.1. may not have legal training
8.3. Not a binding agreement
8.3.1. parties may not honor the agreement reached
9. Mediator Qualifications
9.1. Determine area of interest
9.1.1. research the various specialties
9.1.2. select an interest area appealing to your personal interest of appealing to your career
9.1.3. gain knowledge and expertise to better assist your ability to manage conflict and negotiate
9.2. Bachelor’s degree
9.2.1. helpful to hold an undergraduate degree in your selected specialty of interest
9.2.1.1. better knowledge and understanding of the specialty
9.2.2. common undergrad degrees for mediators are communications, finance, business, mediation and conflict, or dispute resolution
9.3. Master’s vs Law Degree
9.3.1. typically follow the studies of dispute management, conflict resolution, mediation
9.3.1.1. Business and Psychology programs typically offer a concentration in dispute resolution
9.3.2. completion of law school
9.3.3. not required, qualification vary depending on specialty and work setting
9.4. Training and Work experience
9.4.1. formal training provides the ability to sharpen skills needed to be a successful mediator
9.4.1.1. mediation associations, online or classroom courses, state sponsored programs
9.4.1.2. certificate programs
9.4.2. work experience and industry knowledge help to propel those interested in mediation
9.4.2.1. expert level of knowledge in specialty
9.4.2.2. leadership training and experience
9.4.2.3. soft skills training
9.5. Certification/Licensure
9.5.1. mentor with a mediator
9.5.1.1. on the job training
9.5.1.2. experience the process of mediation
9.5.1.3. assist in resolution of disputes
9.5.2. continued education/knowledge
9.5.2.1. attend events
9.5.2.2. network
9.5.2.3. join professional organizations