Alternative Dispute Resolution - created from Mind Map

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Mediation Advantages

Mediation Disadvantages

Arbitration Advantages

Arbitration Disadvantages

Arbitrator Qualifications

Mediator Qualifications

Saves Money: Using a mediator to resolve a dispute is significantly less expensive than going to court/trial.

Saves Time: Mediation is often concluded within days or weeks, whereas litigation can take months to years before an order is made.

Increased Confidentiality: Mediation offers a high level of confidentiality than litigation. Most litigated cases are public record, so anyone can access the information. In mediation, the proceedings are not transcribed or recorded.

Resolution is not a guarantee. The purpose of mediation is for an impartial third party to help parties resolve their issue. If one party is uncooperative, mediation may be ineffective.

All parties must agree to mediation. If one party is unwilling to utilize mediation, then all other parties are unable to use mediation.

Agreement may not be legally binding. If all parties do not sign the mediation agreement, the resolution may not be legally binding and the other party may still have a right to litigate.

Saves Money: Arbitration is generally less expensive than litigation.

Saves time: Arbitration is typically concluded much faster than litigation. Where trial can span months or years before conclusion, arbitration typically concludes in less than half the time.

Less formality: Arbitration is less formal than litigation, and the rules of evidence are often relaxed

Cost: In arbitration, parties are required to pay for the arbitrator. Depending upon the length of the proceedings, the cost of the arbitrator can accumulate to be more than litigation.

Arbitration settlement is determined by the arbitrator, unlike mediation where both parties agree to the settlement; this could leave parties at a severe disadvantage based on how well they present their side.

Arbitration agreements are sometimes contained in small print in other agreements, and consumers and employees sometimes do not know in advance that they have agreed to mandatory binding pre-dispute arbitration.

Education: at minimum a bachelor's degree is required to become an arbitrator; however, most states prefer arbitrators to have a law degree

Experience: At minimum. at least four years of experience in negotiations, dispute resolution, employee relations, or a related field.

Training: completion of training through a basic 40-hour course and 20 additional hours in advanced coursework.

License and Certification: The states of New Hampshire, Florida, Virginia, North Carolina, and South Carolina require arbitrators to be licensed and certified within the state. Those arbitrators working with the United States Navy must be certified and meet additional special requirements. Certification from the National Academy of Arbitrators (NAA) is available to arbitrators with 10 years of experience as a senior level business professional or legal professional.

Internship: One way to obtain experience in arbitration is to intern or apprentice with an arbitrator firm. Many certification programs require a specific amount of supervised arbitration before you can become an arbitrator.

Education: At minimum, in California, a high school diploma and legal education in the form of a course on the court system and civil litigation (waived for attorneys) is required.

Experience: At minimum, four years of applicable experience. At least two mediations of at least two hours in length that are co-mediated with or observed by a mentor mediator. At least four additional mediations of at least 2 hours in length completed in the last two years.

Training: 40 hours of basic mediation training including ethics, culture and gender issues, and other mediation basics. At least 32 of these hours must be taken as one comprehensive basic mediation class.

Knowledge: Knowledge of the court system and resources in the community that clients can be referred to for assistance.

Personal Characteristics: Effective listening, conflict resolution skills, critical thinking, effective communication.