1.1. mediation may not be successful and the parties may not reach an agreement on their dispute.
2. Mediation Disadvantage
2.1. Mediation typically has no formal rules.
3. Mediation Disadvantage
3.1. Mediations are not ideal ways to get to the truth of the matter. In a courtroom setting, lawyers have many tools to get people to testify and produce evidence that are not available to mediators.
4. Mediation Advantage
4.1. Mediation employs a neutral third party who does not judge the case but helps facilitate a discussion, limit the issues, and put them in perspective to resolve the dispute.
5. Mediation Advantage
5.1. The parties communicate and brainstorm in order to formulate creative solutions. and does not have to be in a courtroom or in front of a judge.
6. Mediation Advantage
6.1. Cost is usually less than litigation
7. Five Mediator Qualifications
7.1. good moral character and be able to facilitate conversations without taking sides
7.2. experience in observing and conducting mediation either singly or with another mediator.
7.3. Decision-making, listening, and critical-reasoning skills
7.4. Bachelor's degree; some employers or states may require a master's degree or Juris Doctor (J.D.)
7.5. Some states require a specific licensure or certification
8. Litigation Disadvantage
8.1. Time and Cost. Since Judge’s decision is based only on what each party can prove, litigation requires a lot of so-called “fact-finding”. As result, litigation requires plenty of time (months) and money (thousands or tens of thousands of dollars).
9. Litigation Disadvantage
9.1. Negative impact on future relationship between the parties involved.
10. Litigation Disadvantage
10.1. If either party doesn’t like the Judge’s decision, they can appeal it. This process, however, costs more time and money, and offers no guarantee that the Judge’s original decision will be overturned.
11. Litigation Advantage
11.1. Lawyers and judges make decisions
12. Litigation Advantage
12.1. Formal process for evidence disclosure (witness statements and expert evidence)
13. Litigation Advantage
13.1. A judge make the decision on the case.
14. Five Arbitrator qualifications
14.1. Must have passed the bar exam
14.2. at least four years of basic college education to send you on your path into the litigation career.
