Alternative Dispute Resolution

Alternative Dispute Resolution

1. Mediation- A fair process to help the parties resolve their conflict and to find a solution.

   • Disadvantages
     • Not all cases can be solved over mediation; Therefore, the parties will lose the money they paid for doing mediation and then end up spending even more money on taking legal action by having to appear in court.
     • Some cases are more beneficial by taking them to court, rather than accepting a settlement through mediation.
     • Unless it is agreed upon by both parties, a lawyer may not be present during the settlement negotiation, only a mediator.
   • Advantages
     • Unlike taking legal action and appearing in court, mediationis more flexible when it comes down to compromising and finding a solution that works for both parties.
     • It is inexpensive, compared to the price it could cost by taking legal action and resolving the dispute through court.
     • "Settlements reached in mediation are more agreeable to both parties than court judgements" ("Law Shelf Educational Media", 2018).

2. Arbitration- When a dispute is brought forth to a third party for resolution.

   • Advantages
     • With arbitration's, both parties can come to an agreement of who they want their arbitrator to be.
     • It is a more private procedure to ensure both parties confidentiality.
     • It is less expensive to have an arbitrator, rather than pay an expert witness to testify in trial ("Allen, Allen, Allen & Allen, P.c.", 2018).
   • Disadvantages
     • If the arbitration is mandatory due to the contract with the company and/or employer, then typically it will be more in favor of the employer rather than the employee.
     • What evidence a judge won't consider, a arbitrator may accept it.
     • With arbitration, even if the final decision seems unfair to one of the parties, it may be hard to reopen the case to take legal action and take to court.

3. Arbitrator- A person that is assigned to settle the dispute between the parties in conflict.

   • Qualifications
     • Arbitrators must have no bias or prejudice towards any one of the parties.
     • Education requirements can vary, but a bacholors degree is required to become an arbitrator. Also, many require to obtain a masters degree in conflict resolution and/or alternative dispute resolution, and even possibly a degree in law.
     • They must be capable to manage the hearing process and making an impartial evaluation of evidence.
     • "Some states may require arbitrators to be licensed, registered or certified. This may entail completing specific coursework and observing ADR processes conducted by experienced arbitrators. In some states, arbitrators may be required to be licensed attorneys or members of the state bar" ("Learn.org", 2018).
     • Minimum of 10 years of senior level business, professional experience, and/or legal practice may be required.

4. Litigation- The process in which legal action will be taken.

5. Mediator- The person who attempts to help the parties involved in conflict, come to an agreement.

   • Qualifications
     • There are many skills that are required when choosing to become a mediator.. decision-making, listening, and critical-reasoning skills.
     • A bachelors degree in mediation and conflict, public policy, and/or dispute resolution is typically required to began the career of a mediator.
     • Mediators must complete between 20-40 hours of approved mediator training. However, depending on the type of disputes the mediator is working with, then it may require the highest teir of training. For instance, family mediators need to be well aware of nuances related to these cases, so they require the most training (2U, Inc. , 2017).
     • Experience is required for mediators. It does however vary by state depending on the number of cases they are required to fulfill, but mediators must complete so many hours or a certain number of mediation's either independently or with a mediator mentor.
     • Depending on the type of a cases the mediator will be disputing will determine the education requirements. While some may not require it, other mediators may be required to have a bacholers in law.

6. References

   • National Paralegal College . (2018). Law Shelf Educational Media. Retrieved from https://lawshelf.com/courseware/entry/advantages-and-disadvantages-of-mediation("Law Shelf Educational Media", 2018).
   • ALLEN, ALLEN, ALLEN & ALLEN, P.C.(2018). Retrieved from https://www.allenandallen.com/arbitration-advantages-and-disadvantages/ ("Allen, Allen, Allen & Allen, P.c.", 2018).
   • 2U, Inc. . (2017). Legal Studies Master's Degrees. Retrieved from https://legalstudiesms.com/learning/court-certified-mediator-qualification-requirements/
   • Learn.org(2018). Retrieved from https://learn.org/articles/Arbitration_Certification_and_Training_Requirements_FAQs.html

7. Felicia Alls HRM/420 December 3, 2018 Mrs. Dina Centifanti Gledhill

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