Alternative Dispute Resolution

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Alternative Dispute Resolution by Mind Map: Alternative Dispute Resolution

1. Mediation

1.1. Advantages

1.1.1. More Control Over the Outcome (AndersonHunter, 2019)

1.1.1.1. All parties are able to negotiate to find a resolution

1.1.2. Reach a Resolution Faster (AndersonHunter, 2019)

1.1.2.1. Mediation takes much less time than litigation as court matters can be lengthy

1.1.3. Cost-Effective (AndersonHunter, 2019)

1.1.3.1. Because it is often quicker than litigation and arbitration, it is usually the cheaper option.

1.1.4. Citations

1.1.4.1. AndersonHunter. (2019). Advantages and Disadvantages of Mediation. Retrieved from Advantages & Disadvantages of Mediation (Alternative Dispute Resolution)

1.2. Disadvantages

1.2.1. Best suited for financial disputes (AndersonHunter, 2019)

1.2.1.1. When emotions are involved, mediation is not always a great path as it can be harder to find a resolution that works for all involved parties. This is the same for criminal acts.

1.2.2. Resolutions aren't guaranteed (AndersonHunter, 2019)

1.2.2.1. Participating in mediation doesn't mean all parties will reach a resolution. Mediation is often a stepping stone to lead to arbitration or litigation if no resolution can be reached.

1.2.3. Mediation has no formal set of rules

1.2.3.1. Arbitration and litigation have formal rules that must be adhered to.

1.3. Mediator Qualifications

1.3.1. A minimum of 10 years of senior-level experience in business, industry or a profession (American Arbitration Assocation, n.d.)

1.3.2. Educational degree(s) and/or professional license(s) appropriate to mediator's field of expertise (American Arbitration Association, n.d.)

1.3.3. Mediator must have certificate of completion of at least 24 total hours of training in mediation process skills (American Arbitration Association, n.d.)

1.3.4. Must serve as a mediator for at least five mediation cases or served informally in the role of mediation on at least four different occasions over the last two calendar years. (American Arbitration Association, n.d.)

1.3.5. Membership in at least one business, trade or professional association (American Arbitration Association, n.d.)

1.3.6. Citations

1.3.6.1. American Arbitration Association. (n.d.). Aaa Panel Of Mediators Qualification Criteria. Retrieved from https://www.adr.org/sites/default/files/document_repository/AAA%20National%20Roster%20of%20Mediators%20Qualification%20Criteria.pdf

2. Arbitration

2.1. Advantages

2.1.1. Citations

2.1.1.1. Allen, R. C. (n.d.). Arbitration: Advantages And Disadvantages. Retrieved from What are the Advantages and Disadvantages of Arbitration? | Allen, Allen, Allen & Allen

2.1.2. All parties are able to choose and agree on their arbitrator (Allen, n.d.)

2.1.3. Resolutions usually happen much sooner than litigation (Allen, n.d.)

2.1.3.1. Arbitration dates are easier to get and are often achieved quicker than court dates.

2.1.4. Arbitration is less expensive than litigation (Allen, n.d.)

2.1.4.1. Litigation involves paying expert witnesses, lawyer fees, etc, whereas arbitration usually involves just the arbitration fee.

2.2. Disadvantages

2.2.1. There is no ability to appeal the decision (Allen, n.d.)

2.2.1.1. If one or all parties are unhappy with the resolution, the resolution is binding and must be adhered to.

2.2.2. Arbitration is more costly and time consuming than mediation.

2.2.2.1. Mediation often happens quickly and in a matter of one day, whereas arbitration involves jumping through legal hoops.

2.2.3. Evidence that is not considered in litigation may be considered in arbitration (Allen, n.d.)

2.2.3.1. Evidence that most courts may consider unlawful may be utilized in arbitration and can hurt one or all of the parties involved.

2.3. Arbitrator Qualifications

2.3.1. Minimum of 10 years of senior-level business or professional experience or legal practice (American Arbitration Association, n.d.)

2.3.2. Educational degree(s) and/or professional license(s) appropriate to the field of expertise (American Arbitration Association, n.d.)

2.3.3. Honors, awards and citations indicating leadership in the field (American Arbitration Association, n.d.)

2.3.4. Training or experience in arbitration and/or other forms of dispute resolution (American Arbitration Association, n.d.)

2.3.5. Membership in a professional association(s) (American Arbitration Association, n.d.)

2.3.6. Citations

2.3.6.1. American Arbitration Association. (n.d.). Qualification Criteria For Admittance To The Aaa National Roster Of Arbitrators. Retrieved from https://www.adr.org/sites/default/files/document_repository/Qualification_Criteria_for_Admittance_to_the_AAA_National_Roster_of_Arbitrators.pdf