Mediation Comparison to Arbitration and Litigation

Mediation Comparison to Arbitration and Litigation

1. Arbitrator Qualifications (1) Minimum of 10 years of senior-level business or professional experience or legal practice (2) Educational degree or professional the license in the field of ability (3) Must have no bias or prejudice towards any party or matter involved and can apply standard principles to the matter at hand. (4) Training or experience in arbitration and forms of dispute resolution (5) The arbitrator must also be capable of managing the hearing the process as well as making an impartial evaluation of evidence.

   • Arbitration
     • Disadvantages
       • The arbitration decision is final.
       • Can utilize any information that is brought to them because arbitration is not evidence-based, you entrust the experience of the arbitrator to make the right legal decision.
       • There are no set standards for arbitration, making it difficult to find consistency. It is possible that an arbitrator can be biased
     • Advantages
       • Cost-effective Speedier resolution of disputes
       • Both parties agree to the arbitrator, resulting in a fair outcome
       • Outcome can preserve future relationships Wider range of unconnected issues can be cosidered Confidentiality (parties can waive)

2. Mediator Qualifications (1) Good moral character and be able to ease conversations without taking sides. (2) Must be licensed lawyers in good standing with their state bar. Candidates must have a J.D. degree from an accredited law school; have passed the state's bar exam; and keep up with attorney fees and state taxes (3) Most states require certified court mediators to have undergone mediation training. (4) Once a a person has fulfilled a state's requirements to be certified as a mediator, he must apply for certification. Candidates may also, be needed to sign a mediation agreement. Some courts also require that mediators take a refresher continuing education course every year to keep their certification. (5) Some states allow relevant work experience to serve as a substitute for another mediation requirement.

   • Mediation
     • Disadvantages
       • Can increase the cost of resolving the dispute if ADR process unsuccessful.
       • Parties can hide behind a weak case and withhold information or documents
       • Lost of strategic use of interim orders and procedural remedies
     • Advantages
       • Faster, cheaper and more satisfying to the parties than litigation
       • Speedier resolution of disputes
       • The process is private and confidential consensual and non-adversarial

3. Litigation

   • Disadvantages
     • With Litigation court and Application Fees can be very costly
     • Many court case can be long and Time Consuming
     • Solution imposed on parties by judge can lead to client dissatisfaction.
   • Advantages
     • Obtain court precedent
     • Open system of justice (pubic)
     • Parties can employ procedural rules and interim remedies