1. Mediation
1.1. Advantages
1.1.1. 1. Lower Costs
1.1.2. 2. Simplex process
1.1.3. 3. Flexible solutions and settlements
1.2. Disadvantages
1.2.1. 1. Does not always result in agreement
1.2.2. 2. Lacks procedural and constitutional protections guaranteed by the federal and state courts.
1.2.3. 3. No formal discovery process
1.3. Mediator Qualifications
1.3.1. 1. Minimum of ten years professional experience
1.3.2. 2. Educational degree in field of expertise.
1.3.3. 3. Certificate of completion in mediation processing skills
1.3.4. 4. Membership in at least one professional association.
1.3.5. 5. Served as mediator in at least five mediation cases
2. Arbitration
2.1. Advantages
2.1.1. 1. Fairness: decisions are generally more informed and unbiased.
2.1.2. 2. Confidentiality
2.1.3. 3. Both parties have control over the selection of the arbitrator.
2.2. Disadvantages
2.2.1. 1. High costs
2.2.2. 2. Lengthy process
2.2.3. 3. Too formal
2.3. Arbitrator Qualifications
2.3.1. 1. Minimum of ten years professional experience
2.3.2. 2. Educational degree in field of expertise.
2.3.3. 3. Training or experience in field of expertise.
2.3.4. 4. Certifications indicating leadership in field of expertise.
2.3.5. 5. Membership in professional association.