ADR

ADR

1. Mediation vs. Litigation & Arbitration

   • Advantages (The Advantages of Mediation Cases over Traditional Lawsuits(n.d.). Retrieved from https://adr.findlaw.com/mediation/the-advantages-of-mediation-cases-over-traditional-lawsuits.html)
     • It's less expensive! Mediation does not require the services of expensive lawyers. It is also a quicker process than litigation or arbitration.
     • It is a less-structured process, allowing both parties to be engaged and fully participate. The Mediator can also focus on the needs of both parties as opposed to position statements.
     • Being a less-adversarial process, both parties have a better chance at preserving their relationship, as opposed to a drawn out court proceeding, which can erode relationships. it is also a collaborative process.
   • Disadvantages (What are the Disadvantages of Mediation?(n.d.). Retrieved from https://adr.findlaw.com/mediation/what-are-the-disadvantages-of-mediation.html)
     • An agreement may not be reached, creating a situation where the matter has to go to arbitration or litigation.
     • While a list of qualified mediators is available, parties may have trouble agreeing upon a mediator.
     • There are no formal rules like arbitration or a court, leaving room for potentially one-sided decisions.

2. Qualifications to be a mediator. (Become a Mediator: Education and Career Roadmap(n.d.). Retrieved from https://study.com/become_a_mediator.html)

   • Typically, a bachelor's degree is needed to become a mediator. Courses can include communication and negotiation.
   • Graduate or law school may be required, depending on the field.
   • Attend training programs! Programs may be offered online or in classrooms.
   • Explore requirements. Some states may require licensing, while others may simply require certification.
   • Attend events and join organizations, such as The Association for Conflict Resolution (ACR).

3. Arbitration (Repa, B. K. (n.d.). Arbitration Pros and Cons. Retrieved from https://www.nolo.com/legal-encyclopedia/arbitration-pros-cons-29807.html)

   • Advantages
     • It is faster than litigation! There is no reliance upon court schedules. Make no mistake - it's not an overnight process, but it moves much faster than the judicial system.
     • Because it can be a faster process than litigation, it can be far less expensive, similar to mediation.
     • Privacy! Court proceedings are a matter of public record, available to anyone. Arbitration is a private process, with no courtroom spectators and the outcome and proceedings can be kept confidential.
   • Disadvantages
     • Arbitration can favor the "big guy". For example, arbitration agreements with businesses may leave customers with no recourse other than arbitration to settle a dispute. Auto dealers often have arbitration agreements that customers may not know about when buying a car.
     • The decision is binding, with no appeals process. If the arbitrator makes a decision that is unfair, the "little guy" (i.e. the customer or employee) may be stuck. Furthermore, arbitration leaves no room for pursuing the matter further in court.
     • The costs are rising! As arbitration becomes more common, expensive lawyers are getting involved in the process. While arbitration is still faster than litigation, the rising costs may be negating that benefit.

4. Qualifications to be an arbitrator (Arbitrator Overview(n.d.). Retrieved from https://litigation.laws.com/arbitrator-qualifications)

   • Arbitrators must always maintain a sense of neutrality. Arbitrators typically are an "uninterested party" in that they have no ties to either side.
   • In addition to neutrality, arbitrators must possess the skills necessary to manage a hearing process. Arbitration is not litigation or a court proceeding, but it is similar, so an arbitrator must know how to manage it.
   • Arbitrators must also know how to impartially evaluate evidence.
   • To hold standing with The American Arbitration Association, one must maintain membership in professional associations related to their field. A bachelor's or masters degree is required, as well as a professional license in the relevant field or industry.
   • Training or experience in arbitration and other forms of alternate dispute resolution are required. Arbitrators are not judges, but they must know enough to be able to make an informed decision.