Mindmap
Alternative Dispute Resolution
Inhalt der Mindmap
Alternative Dispute Resolution
- Disputes can occur in business. It's best to know what options are available to settle. Two options will be analyzed that businesses can use for dispute resolution.
Mediation
- With mediation, a third party representative is brought in to help. The mediator's focus is to help facilitate communication and resolution. The mediator isn't part of the resolution , they just ensure the communication is effective during this process. Mediation is best used for non-violent cases such as wrongful terminations or sexual harassment. Union representatives use mediation often to resolve workplace disputes.
- Qualifications
- Training
- Approved mediation training of between 20-40 hours.
- Experience
- This varies by state but require some minimum amount of mediation experience performed independently or supervised.
- License/Certification
- Some states require license or certification in mediation.
- Bachelor's degree
- Bachelor's degree in conflict resolution, public policy or law. Some states may require Master's degree or Juris Doctor.
- Skilled in decision making, listening and critical thinking
- Training
- Advantages
- Reasonable timetable for resolving dispute
- With mediation, you aren't controlled by the court system on when you can schedule. This allows both parties to come up with a schedule that works for all.
- Less Expensive
- With mediation, it's less expensive than typical lawsuit as there are no attorneys or courts involved.
- Greater flexibility and control of solution
- With mediation, all parties are part of the solution. Solution is reached are more agreeable to both parties as the resolution was agreed voluntarily by both.
- Reasonable timetable for resolving dispute
- Disadvantages
- Doesn't always result in settlement agreement
- If both parties don't agree on a resolution, it could go to court. This could put one or both parties at a disadvantage since they have shown their "ammunition".
- Lack of procedural and constitutional protection
- When in court, parties are protected by state and federal laws. When in mediation, parties are unprotected so if they lack experience, they could end up unprotected.
- No formal discovery process
- Party must rely on other party's "good faith" in disclosing all the information.
- Doesn't always result in settlement agreement
Arbitration
- Arbitration involves settling a legal dispute without going to trial. During arbitration, a third party listens to both sides of a legal disagreement. With documents provided and the oral statements of each person involved, the arbitrator will issue a resolution. Arbitration is used often with divorce settlement, some union disputes and person injury disputes.
- Advantage
- Fairness
- Fairness as both parties agree to the arbitrator, this also allows parties to select the arbitrator with experience in their situation.
- Faster and confidential
- Arbitration is faster because there isn't a trial date as it's less formal and more flexible for scheduling. Arbitration is more private than trial so results are confidential, results are final as there is no appeal process.
- Less Cost
- Cost is less since there are no expert witnesses or extensive legal preparation.
- Fairness
- Disadvantage
- Lack of formal evidence process
- There is no formal evidence process so both parties must rely on the arbitrator to sort out the evidence.
- Lack of formal appeal process
- There is no formal appeal process so decisions are final even if one party feels the outcome was unfair.
- Lack of transparency
- Arbitration hearings aren't public so may put one side at a disadvantage with the lack of transparency.
- Lack of formal evidence process
- Qualifications
- Bachelor's degree
- Being arbitrator requires a Bachelor's degree, graduate in law or MBA common.
- License attorney
- Some states require an arbitrator to be a license attorney.
- Experience
- 5-10 years experience practicing law or working in related industry.
- Skilled in decisiveness, strong reasoning, and communication skills
- Graduate program
- Graduate programs in conflict resolution or law
- Bachelor's degree
Informationen
- Beschreibung
- Mindmap am Alternative Dispute Resolution, erstellt von Alice McKenzie am 29/03/2020.
- Erstellt von
- Alice McKenzie
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