Alternative Dispute Resolution Mind Map

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Alternative Dispute Resolution Mind Map by Mind Map: Alternative Dispute Resolution Mind Map

1. Advantages of Mediation

1.1. One advantage of mediation in comparison to arbitration or litigation is that it is a private form of dispute resolution offering great privacy in terms of confidentiality and is not a matter of public record. Another advantage of mediation is that with both parties choosing to participate in finding a resolution to said dispute, they are also more likely to agree to and follow through on the agreed settlement and there is a high rate of success to back up the seemingly neutral process. The third and final advantage is the cost and savings regarding financial means and time allotted on the dispute.

2. Disadvantages of Mediation

2.1. Disadvantages of mediation by comparison to arbitration or litigation are closely tied to the simplicity of mediation. Mediation does not afford the same protection in terms of procedure and the constitution that your federal and state courts provide. In keeping with the legal theme regarding disadvantages, mediation does not allow for legal precedent to be set. This can be troubling in matters where contrasting resources leave one party exposed and inundated with the inequity of their options. The third disadvantage of mediation is the lack of discovery and the impetus that places on one party’s good faith in relation to disclosure.

3. Advantages of Arbitration

3.1. Advantages that arbitration offer include both parties generally having confidence on the fairness and impartiality of the chosen arbitrator. Time is another advantage that arbitration affords due to how long it generally takes in comparison to court. Money is another consideration that falls into the advantage category due to the fact that the fee paid to an arbitrator is much less than what it would take to pay for witness testimony at a trial. Arbitration also differs from trials in the fact that their decisions are binding, so there is little in the way of an appeal and this gives an element of finality that you do not always see with a trial.

4. Disadvantages of Arbitration

4.1. Disadvantages of arbitration are linked closely with the last advantage, in that the fact that the decision is binding means there is no chance to fix what one party feels is an unjust decision. Next, unlike a court proceeding, there will be no opportunity to cross examine a witness if the testimony is in the form of documentation. There are also instances where the fee for the arbitrator makes the entire process not financially viable, leaving little in the way of the amount awarded. Also associated with the financial aspect is the continued rising costs of arbitration where the use of panels takes place.

5. Summarize five mediator qualifications

5.1. According to the American Arbitration Association, qualified mediators will have at minimum 10 years of senior-level experience in business, industry or a profession. They must also complete between 20 and 40 hours of approved mediation training, with more vigorous training for those who wish to explore mediation of family disputes versus civil disputes. Each state also varies in what is required in terms of a minimum number of mediations done either independently or with supervision. “In Louisiana, for example, a person must be licensed to practice law in the state or have mediated at least 25 disputes or engaged in more than 500 hours of dispute resolutions” (legalstudiesms.com). Some states require a law degree to be a court approved mediator while others will accept a bachelor’s degree to practice family court mediation. Degrees in areas such as social work, counseling, psychotherapy or education can suffice in addition to a law degree. Additionally, there is a vast array of skills and knowledge necessary to be a mediator. These include strong persuasion and skills in negotiation, the ability to work well under and handle pressure and strong listening skills. Finally, some states require mediators to pass a program's skill-based test and/or performance evaluation. The San Diego Mediation Center performs such a test on its applicants, where the applicants are evaluated in a seventy-five-minute mock mediation, while some states such as Massachusetts and Wisconsin have required written examinations to test the applicants' knowledge of mediation skills “(Hill, 1998, pp. 42-43).

6. Summarize five arbitrator qualifications

6.1. Much like qualification needed to become a mediator, those who wish to become an arbitrator also have stringent requirements. First, one must have a minimum of 10 years senior level business experience, professional experience or legal practice. Next, they need to obtain an educational degree or professional license in the field of expertise. Additional qualifications include membership in a professional association. Arbitrators also require specific skills and knowledge in areas such as listening, problem solving and critical thinking. Additional certification may also be required in fields such as accounting or legal arbitration. Each state sets requirements for specifics in terms of education, experience and licensure. Knowledge requirements play a large role in the ability of one to become an arbitrator and this knowledge includes the English language, law and government, Psychology, and how to use certain data base user interface and query software, spreadsheet software and office suite software tools.