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Mediation 作者: Mind Map: Mediation

1. Arbitration:The most definitive type of third-party intervention, in which the arbitrator often has the power to determine and dictate the settlement terms.Arbitration is the decision Assess three advantages and three disadvantages of arbitration: Advantages of arbitration include cost, privacy, and informal. Disadvantages of arbitration include the inability to appeal, lack of formal discovery, and rising costs.

2. Summarize five arbitrator qualifications: An arbitrator must have a bachelor's degree or law degree. Training courses related to conflict resolution and alternative in the legal field. Certification or license within that state. Gain experience and insight as an intern.

3. Mediation: Labor relations intervention in which a neutral third party tries to assist the principals in reaching agreement. Assess three advantages and three disadvantages of mediation in comparison to arbitration or litigation (2019). Mediation vs. Arbitration vs. Litigation: What's the Difference?

3.1. Mediation is a highly effective form of alternative dispute resolution. It is strictly a settlement-oriented conference where no one is forced into a settlement or any decision made by the mediator. The obvious advantages of mediation are, of course, the reduced costs and time investment required when compared to litigation. However, there are many more subtle benefits to dealing with your disputes outside of the court room, and at Arbitration Resolution Services (ARS) you can reap this benefits without ever having to leave your home or office.Three advantages of mediation are: More cost-effective than court, can save you time, private and confidential. Mediation is becoming an increasingly popular route to take when solving disputes. In many cases, it is even considered as the first step of the court process as it is becoming more and more integrated into proceedings.

3.1.1. Three disadvantages of mediation are: There are no guarantees, you might want to go public, and mediation requires cooperation. The main disadvantage to mediation is knowing there may be a chance negotiations could fall through. If the other side is adamant they are right, refuses to listen to what you have to say, or won’t agree to mutually beneficial terms, then the case could end up going to court anyway.

3.1.1.1. Mediation compared to arbitration: The main difference between arbitration and mediation is that in arbitration the arbitrator hears evidence and makes a decision. ... In mediation, the process is a negotiation with the assistance of a neutral third party. The parties do not reach a resolution unless all sides agree.

3.1.1.1.1. Mediation compared to litigation: Litigation is the legal term for a lawsuit. While the mediator will look at documents, listen to what both parties say, and educate themselves on the case, they are there to facilitate a conversation about the most agreeable option for both parties rather than make a legally-binding decision.

4. Summarize five mediator qualifications: To qualify to become a mediator individuals must have a general education and familiar with the theory, ethics, principles and practical application of mediation. They are also required to have specific training associated with a state required certification. Six years of experience related to HR applications and practices. Having good mental clarity is essential in performing the role of a mediator. In addition to knowledge related to employee mediation.The Advantages and Disadvantages of Mediation Posted by: David Jones(2019).