Alternative Dispute Resolution

1. Qualifications of a Mediator

1.1. A minimum of 10 years senior level experience in Business, industry or profession.

1.2. Educational degree or professional certification in the field of expertise.

1.3. Must be a current member of a trade, business or professional organization.

1.4. Training Required: Must have successfully completed twenty four hours of training in mediation preparation skills to include: conflict theory, negotiation, issues identification, caucusing, dynamics of the mediation process. Documentation or Certification must be provided.

1.5. Experience Required: Must have documentation to show experience as a mediator in four separate informal mediation sessions within the last two years

1.6. OR served as a mediator five separate mediation sessions in field of expertise within last four years.

2. Arbitration Advantages

2.1. There are no costs to hiring a lawyer to proceed with litigation in court. Also does not offer time consuming investigation or inquiry on the issues.

2.2. The arbitrator takes the time to review both parties' information and make a final decision for the arbitration.

2.3. Both parties can bring third party (witnesses) with permission and agreement by the opposing party. This may assist with the final decision made by the arbitrator.

3. Arbitration Disadvantages

3.1. Arbitrator's fees can range $1500 a day. Also arbitration administrative fees can be costly at between $975-$8700.

3.2. The arbitrator's decision may be bias because they may have work experience in the career field, instead of a judge and jury.

3.3. The witness testimony may bring damaging or personal/embarrassing information.

4. Mediation Advantages

4.1. Mediator is a neutral/third party allowing both parties to reach a mutual agreement.

4.2. Mediation is voluntary conflict resolution process agreed to by both parties.

4.3. Mediation leads to a quick final decision on the complainant's issues, whether both parties agree to a resolution, no resolution or the complainant's withdraws their complaint.

5. Mediation Disadvantages

5.1. There are no guarantees that mediation will resolve or allow both parties will receive satisfaction from the session.

5.2. Mediation does not allow both parties to discuss what was said during the session. This does not allow both parties to go public, in the instance that the employee has been accused of an allegation.

5.3. Mediation requires cooperation from both parties. Also not recommended if the employee feels intimidated or possible retribution.

6. Arbitrator Qualifications

6.1. Must be a member of a professional association.

6.2. A minimum of ten years senior level business or professional experience or in the legal practice.

6.3. Educational degree or professional license in the area of expertise.

6.4. Honors, awards or certifications of leadership in field of expertise.

6.5. Training and/or experience in arbitration and other forms of alternative dispute resolution.

6.6. Other relevant experience or professional accomplishments such as a published article.