Human Resources

Annotations:

• This is an annotation!

1. 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.
2. 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.
3. 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.

1. 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.
2. 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.
3. 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.

1. parties can select an arbitrator with an appropriate degree of practical experience.
2. 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
3. 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.

Attachments:

• New GCSE Maths

1. 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.
2. 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.
3. 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.