Mediation, Litigation, and Arbitration are forms of Alternative Dispute Resolution (ADR)

1. Advantages to Arbitration

1.1. Less expensive than litigation

1.2. Private, unless both parties agree to it being undisclosed

1.3. Parties are under oath and the final decision is ruled by the arbitrator

2. Arbitration

2.1. A process similar to a trial that include opening statements and evidence is presented. The final award/decision is either binding or non-binding

3. Litigation

3.1. An in court process to settle a dispute

4. Qualifications

4.1. General Education, unless the state requires a law degree. A bachelors degree is usually required.

4.2. 5-10 years experience in a related field (i.e. professor)

4.3. Certification

4.4. Employment in a related field

4.5. A dedication to upholding the Code of Ethics for Arbitration in disputes.

5. Disadvantage to Arbitration

5.1. Evidence that would not normally be allowed in a litigation/trial can be used in an arbitration

5.2. If both parties agree to the final decision being binding before the process is stated, both parties are then not allowed to file for an appeal

5.3. Length; unlike mediation, arbitration is known for taking longer. With some issues, litigation is actually the wiser choice.

6. Sara Hurlbert - Prof. Koenig

7. Mediation

7.1. A process in which a third party who is neutral to the dispute attempts to help resolve the situation

8. References

8.1. Arbitration

8.2. Mediation

8.3. Litigation

9. Qualifications

9.1. A certification which usually requires at least 20 hours of course work.

9.2. A mediator must be placed on a court roster in order to practice.

9.3. Advanced education, usually a masters degree, but some even go as far as having a law degree.

9.4. Experience of at least 10 years in a related field.

9.5. General education of at least a bachelors degree in law, conflict resolution management, or law.

10. Disadvantages to Mediation

10.1. If one party chooses to no longer participate in the mediation they have the right to withdraw which then ends the mediation process

10.2. The issue may not be resolved through mediation, which then means more money will need to spent on either arbitration or litigation

10.3. Mediation is not suitable for all issues (i.e. sexual harassment)

11. Advantages to Mediation

11.1. The process is not controlled by a jury or a judge which makes it less stressful

11.2. Mediation is a private process, all information is confidential

11.3. Cost is much less and is also usually a faster process