Alternative Dispute Resolution Mind Map

Alternative Dispute Resolution Mind Map

1. Mediation

   • Advantages
     • Mediation is a good choice for when both parties are interested in retaining their relationship after a solution has been reached. The process will help the parties in the disagreement allowing them to continue their relationship as a business to each other's. This process will allow for the decrease in chance of further division and hostility from the party who is submitting the suite against the other and vice versa.
     • Mediation is a form that strives for equality with all the parties that are involved in the dispute. The process allows for all parties to show thier part of the event and allow them to explain in their words of any events that may have taken place.
     • Mediation allows for the parties to have freedom of choice. This will allow for the conflict to resolve their issues themselves instead of using a judge or arbitrator. The parties involved are given a decent amount of involvement allowing them to feel more satisfied with the end result.
   • Disadvantages
     • Mediation does not always end in a mutual agreement. When one or all parties involved cannot come up with a resolution then they cannot settle on an agreement. Any information that is given during the mediation can be used in the future as evidence in a court and can be a negative aspect for many.
     • Mediation is not a good selection when the individuals involved have different levels of elements to loss or gain such as resources. Any type of settlement that is recommended will mostly not favor the individual who has more resources to loss.
     • When Mediation cannot be reached the parties involved end up with questions that can be used for filing a suit against them in a court of law.
   • Qualifications
     • Depending on the location of the mediator, certain degree level may need to have been acquired prior to them conducting any mediator duties.
     • The mediator must agree to the ethic code for Mediators pertaining to their state.
     • Depending on the state the Mediator must be certified or have a license to practice being a mediator.
     • The Mediator must have a degree field appropriate to the mediation.
     • As a mediator it is required for you to have a certain amount of training with an approved individual within a certain time frame before you are preceding any type of dispute. The training must include curriculum and a minimum exercise or ethical education pertaining to mediation.

2. Arbitration

   • Advantages
     • Arbitration allows for the individuals doing a dispute to have the ability to select their own arbitrator. Having the ability to select your own arbitrator allows you to feel more confident on their ability to resolve the issue at hand.
     • The procedures and evidence part of the resolution is a lot simpler while in arbitration. Since the procedures related to the evidence while in a courthouse is not present, the parties involved can provide the evidence and be more involved in the process making the procedure a lot quicker.
     • An advantage of arbitration is that it can take less time and ultimately a cheaper way of reaching a solution. The reason arbitration takes less time that a court system is because obtaining a date and being able to tackle the issue at hand is a lot faster. Being that an arbitration only has that person or persons allows for the fees associated with the entire resolution process to be less.
   • Disadvantages
     • When you think of Arbitration, most people know it for its limited resources. The final decision of Arbitration is hard to remove or change. If the decision or judgment is found to be unfair, there is not a lot that changed to overturn it in the court system.
     • Arbitration does not allow for cross-examination of witnesses. This is something that is done in a courthouse. Not being able to cross-examine testimony to allow for better clarification can result in a negative impact.
     • The results of Arbitration can result in less than favorable outcome. This is something that can occur depending on the arbitrators and the fact that they may consider fairness of individual’s parties or positions instead of being strict and precise to the law.
   • Qualifications
     • An Arbitrator is required by the state to have a law degree that includes a minimum of a bachelor’s degree.
     • Arbitrator is required to attend courses that are based on conflict resolution and also alternative disputes. This type of training must consist of at least 40 hours and must complete a follow up 20 hours.
     • Arbitrators are expected to have experience with a lawyer or business that has a field in business law or legal field. A ten-year experience in a senior level of that business is also expected.
     • Arbitrators should possess both a cortication and a license that are specific to the state they will practice.
     • Arbitrators should first be intern with another arbitrator to receive training and on the job-required information that is essential to the insight of day-to-day practices.