Alternative Dispute Resolution - created from Mind Map

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Mediation vs. litigation advantages

Mediation vs litigation Disadvantages

Mediator Qualifications

Arbitrator Qualifications

Advantages of Arbitration

Disadvantages of Arbitration

Mediation is More cost effective than Litigations

Mediation is less time consuming versus court proceedings.

The role of a mediator is to find common ground between two parties and are trained to resolve disputes

Mediation can only take place if both parties are willing participants.

The mediator is not a judge and can not determine who is right or wrong they can only assist in coming to a mutual agreement.

Mediation could cause both parties to lose if they are unable to resolve the issue or come up with a resolution that is fair to both parties.

Education requirements vary by state

Mediators must have excellence communication skills both written and oral.

No licencing or certification exist currently for the role of a mediator.

Mediators must posses good problem solving skills

Mediators must have experience, most are or were lawyers or judges

Some state reqiure arbitrators to be licensed or have a certification

Most states require training typically 40 to 60 hours

Bacholers degree is required

Most states require arbitrators to have a law degree

Experience is also a requirement weather it be previous work experience or internship

The arbitration procedure is private and not made publizied

Arbitation is a quicker process than court process

The fees for arbitration are lesser than the cost associated with a court trail

Arbitration can be binding and are very difficult if not impossible to appeal

You could potentially choose a bias arbitrator

Mandatatory Arbitration clauses force you to give up the right to agree or request to go to court