The informality of mediation allows the parties to be more engaged than they would be in a court-driven
process with an abundance of rules and procedures designed to separate the parties. Accordingly, since the
mediator deals directly with the parties, the mediator can focus the attention of the parties upon their
needs and interests rather than on their stated positions.
parties generally report a better outcome as a result of mediation than they do from a lawsuit. Also,
because there is no winner or loser, no admission of fault or guilt, and the settlement is mutually agreed
upon, parties are typically more satisfied with mediation.
One of the most overlooked benefits of mediation is that it can help preserve relationships, business and
personal, that would likely be destroyed through years of litigation. Because it is a collaborative, rather
than adversarial process, and because mediation isn't inherently a win/lose process, important
relationships can often be saved.
Disadvantages
t can be very difficult to make sure that the settlement is fair to both parties. If one party has access to
more resources or is savvier about the mediation process, they may be able to get the other party to agree
to a settlement that isn't in their best interests.
When mediation is unsuccessful, it can make a court case more difficult, as one of the parties may have
already used their best evidence, meaning the other party will know what to expect during the trial. In
order to protect their privacy, the parties may decide to keep their sessions private so that the information
discussed does not become public knowledge.
is a lack of formal rules, which can make it difficult for two disagreeing parties to reach a compromise. One
of the main disadvantages of mediation is a lack of formal rules, which can make it difficult for two
disagreeing parties to reach a compromise.
Arbitrator Qualifications
Parties to an arbitration may confer and agree on a single arbitrator whom they wish to hear a particular
dispute. They will then notify the arbitrator of his/her selection. Some parties mutually appoint a panel of
arbitrators to be selected on a rotating basis.
An arbitrator is an expert in the subject of the dispute, and has had formal training in arbitration. Many, but
not all, arbitrators are lawyers. In most states, arbitrators are only required to maintain neutrality and have
some expertise in the field of the dispute.
Professionals
A good arbitrator displays effective communication skills by being patient, understanding, flexible and
a good listener. The arbitrator is chosen by way of agreement between the disputing parties. At the
hearing of the matter, he gives all the parties a chance to be heard and to fully present their
grievances.
Many Arbitrators in their positions require a degree appropriate to the applicant's
field of expertise, and a bachelor's degree is often sufficient. Many other positions, however, may
require applicants to have a law degree, a master's in business administration, or other advanced
degree.
mediator qualifications
when interning during college courses. this may help not only gain experience but also help build a relationship with the employer you are possibly trying to start to career path with in the future
in private Groups
Mediators usually need a bachelor's degree to begin their careers. Bachelor's degree programs in mediation
and conflict or dispute resolution are available at some universities. These programs typically include courses
in interpersonal communication, psychology, and negotiation strategies.
possess skills in conflict resolution, problem solving, negotiating, and .
The mediation process is entirely voluntary and non-binding. The mediator has no power to render a
decision or to force the parties to accept a settlement. Rather, the mediator's role is to assist the parties in
their negotiations by identifying obstacles to settlement and developing strategies for overcoming them.
Arbitration
Advantages
parties can select an arbitrator with an appropriate degree of practical experience.
Arbitration can be cheaper and more flexible, more commercial and less formal than court..settling a
dispute with an employee in court is generally much more expensive than resolving a dispute through
arbitration
Arbitration is often faster than litigation in court, and a time limit can be placed on the length of the
process.Arbitration is often faster than litigation in court, and a time limit can be placed on the length of
the process.
The arbitration decision is final. There is no formal appeals process available. Even if one party feels that
the outcome was unfair, unjust, or biased, they cannot appeal it.
a case argued in a public court of law, an arbitration is conducted in private and parties can agree to keep
the proceeding confidential. This can significantly reduce unwanted media attention, especially in a
dispute where well-known parties are involved.
In arbitrations, cases are decided by one or several arbitrators, who are attorneys
or retired judges. Because arbitrators are experienced legal professionals, they are trained to focus more
on the law and the facts presented. They are less likely to be swayed by emotion, as is the case with many
juries. Arbitrators also are less likely to award exorbitant damages to a plaintiff.