Alternative Dispute Resolution Mind Map

Alternative Dispute Resolution Mind Map

1. Mediation is an informal and flexible dispute resolution process. The mediator's role is to guide the parties toward their own resolution. Through joint sessions and separate caucuses with parties, the mediator helps both sides define the issues clearly, understand each other's position and move closer to resolution (Mediation Process, 2018)

   • Advantages Of Mediation
     • Mediation can be completed a lot faster than litigation. Usually this process is between 1-2 days (Woodward-Smith, 2017)
     • When both parties agree to a mediation there is usually a willingness or belief that a negotiated resolution can be reached between the two parties (Woodward-Smith, 2017)
     • The mediator selected is an independent and will not provide or advise judgement. Their role is to facilitate the negotiations and help guide the discussions towards a resolution between the two parties involved (Woodward-Smith, 2017)
   • Disadvantages of Mediation
     • All parties must agree to the resolution and this can be difficult if either of the parties are withholding any information that could impact a resolution to the problem (Wood ward-Smith,2017)
     • Concerns may exist regarding the enforceability of the resolution agreed upon between the two parties involved in the mediation agreement (Woodward-Smith, 2017)
     • If no decision can be reached due to an unfit mediator than this will result in wasted efforts, time and money for both parties involved in the mediation proceedings (Woodward-Smith, 2017).

2. Mediator Qualifications

   • Mediators need to be familiarized with theories, ethics, principles and practical application of mediation. They will require to have this knowledge from a general education in a relatable field of study. An undergraduate degree in law, conflict resolution management, psychology or communication is an ideal background education however any degree in a field of study will be acceptable for a candidate (Kelly, 2018).
   • Though Many mediators are lawyers this is not required to become a mediator though a knowledge of the legal system is a good idea (Kelly, 2018).
   • People wishing to be mediators should complete a state required training course which may be between 20-40 Hours and deal with a variety of disputes such as divorce, child custody, personal injury and breach of contract (Kelly, 2018).
   • A mediator should have experience observing other mediators in action before being placed into a resolution process between two parties (Kelly, 2018).
   • A mediator needs to have the necessary skills to be able to successfully mediate between two parties and maintain a position of neutrality. They should be able to listen, effectively communicate, instill confidence, reason and be able to create solutions to problems (Kelly, 2018).

3. Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound (Definition of Arbitration, 2018)

   • Disadvantages Of Arbitration
     • A final decision may be hard to overturn or shake if the arbitrator’s ruling is an unfair or illogical award for the other party. There is a good chance that you will be stuck with this ruling and barred from bringing the matter to court (Repa, 2018).
     • The arbitration ruling may have a “take it or leave it” feeling meaning that a party may be at a disadvantage due to limited funds comparted to the organizations deeper pockets and more power (Repa, 2018).
     • There is also a question of objectivity regarding the selection of the arbitrator as many arbitrators selectively market to larger organizations for their services and an agency may decide to continually select a particular arbitrator that is a preferred favorite and may be selected more often than others for cases (Repa, 2018).
   • Advantages of Arbitration
     • Arbitration usually offers a less hostile environment as the two parties are more likely to work more peacefully with one another opposed to the angst and anger that can come with litigation in a court room environment (Repa, 2018).
     • Arbitration is usually cheaper than litigation even though an arbitrator may charge $3000-$4000 a day for their services and most organizations will still hire a lawyer to help guide their parties through the process. Even with these additional costs the arbitration process is far faster, time saving and less expensive oppose to litigation (Repa, 2018).
     • Arbitration hearings are a lot faster than litigation hearings. Most cases are resolved within 475 days opposed to 18 months and are more flexible and catered to people’s schedules and availabilities for those parties involved in the arbitration process (Repa, 2018).

4. Arbitrator Qualifications

   • There are no education requirements to become an arbitrator but having a degree in a related field such as Human Resources or Business Administration can provide valuable experience (Frost, 2018).
   • The American Arbitration Association requires (AAA) requires 10 years of professional experience before an individual can be added to the AAA National Roster of Arbitrators (Browne, 2018).
   • Arbitrators must be able to maintain a neutral mindset and make a fair decision (Browne, 2018).
   • Arbitrators are required to be an experienced professional in their field and be formally trained or certified as an arbitrator (Browne, 2018).
   • You can take training courses through mediation and arbitration organizations to help prepare yourself for a career in arbitration (Frost, 2018).

5. Litigation is the process of going to court to argue your case (WHAT IS LITIGATION AND APPEALS?, 2018).

   • Advantages
     • A judicial system is used which involves a judge and a jury
     • An appeal may be submitted opposed to mediation or arbitration where a decision is usually final
     • Formal processes for calling to trial witnesses, statements and evidence
   • Disadvantages
     • Litigation is a very time consuming process with many steps that are required in the process to complete the pre trial stages and can take several years to go to trial (The Disadvantages Of Litigation, 2018).
     • Litigation is expensive and the financial burden between the costs and fees can make it very difficult to pay your bills and other necessities (The Disadvantages Of Litigation, 2018)
     • Litigation benefits wealthier individuals as they are able to absorb the costs and fees easier along with being able to afford the services of more expensive and experienced lawyers (The Disadvantages Of Litigation, 2018).