Mapa mental
Mediation VS Arbitration
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Mediation VS Arbitration
Mediation is a neutral third party person who listens to both sides and attempts to assist and help bring closure and resolution to a conflict among multiple parties. A mediated can make recommendations, they are non-binding in a court of law, thus resulting in both parties not having to agree or listen to the mediators recommendation.
- Advantages
- Non-Binding if one party does not agree they have the ability to seek other conflict resolutions.
- It is non-required to have a law degree to be a Mediator., as long as you have a Bachelors or Masters Degree.
- Less costly, does not require court or an outside party to mediate.
- It is non-required to have a law degree to be a Mediator., as long as you have a Bachelors or Masters Degree.
- Non-Binding if one party does not agree they have the ability to seek other conflict resolutions.
- Disadvantages
- Non-Binding meaning that a court would not hold the decisions in a court of law.
- An agreement does not need to be reached between both parties. Nor is it a requirement or a final decision.
- No guarantee that conflict will be resolved in a timely fashion nor have an end date. Conflicts may be left unresolved and be required to arbitration or litigation to resolve conflict dispute.
- An agreement does not need to be reached between both parties. Nor is it a requirement or a final decision.
- Non-Binding meaning that a court would not hold the decisions in a court of law.
- Qualifications of being a mediator
- Mediation Training which consist of 20 and 40 hours. Different levels of mediation that specialize in a specific field may require additional hours or training.
- Education requirements for a mediator consist of a Bachelors Degree or a Masters Degree.
- Apprenticeship that provides on the job training including sitting in, observation, and experience in communication.
- Knowledge and understanding of conflict resolution techniques to help and steer the conversation in the right direction. This consists of facilitating both parties, to come to an agreement and understanding.
- Apprenticeship that provides on the job training including sitting in, observation, and experience in communication.
- Education requirements for a mediator consist of a Bachelors Degree or a Masters Degree.
- Mediation Training which consist of 20 and 40 hours. Different levels of mediation that specialize in a specific field may require additional hours or training.
- Advantages
Arbitration is a process in where two parties have a third party neutral arbitrator sit in with them and make a decision that can be upheld/binding by the courts. An arbitrator 's ruling or decision is binding and can be appealed by either party if they are not happy with the decision that is made. Unlike a mediator who acts as a neutral third party to help the parties reach a resolution in their conflict an arbitrator does not worry about both parties finding resolution. The arbitrator is there to listen to both sides and make a decision based on the facts and evidence presented to them.
- Disadvantages
- Limited recourse of action is available to parties if they are not in favor of the binding decision made by the arbitrator. While a ruling or decision can be appealed, it is not guaranteed and the final say of the arbitrator may stand.
- Lack of views can hurt parties involved in arbitration. Since there is no jury or judge to hear the case out each party relies on the arbitrators view of the situation and there isn't room for other opinions to enter into the decision making process.
- it has been said that large companies have an uneven playing field as they have more money to put into the hearing than the employee. With the take it or leave it approach it makes some parties hesitant to commit to a arbitration.
- Lack of views can hurt parties involved in arbitration. Since there is no jury or judge to hear the case out each party relies on the arbitrators view of the situation and there isn't room for other opinions to enter into the decision making process.
- Limited recourse of action is available to parties if they are not in favor of the binding decision made by the arbitrator. While a ruling or decision can be appealed, it is not guaranteed and the final say of the arbitrator may stand.
- Advantages
- Parties can choose their arbitrator who have experience in the dilemma/issue at hand versus a court room where a judge is pre-assigned who may or may not have any experience or knowledge in the matter at hand.
- Arbitration helps parties avoid hostility as it allows both parties to make suggestions and work together to solve a conflict versus going to court. It also is cheaper than litigation.
- Arbitration is private meaning you don't need a peer of jurors to hear your story out. In addition, if material is sensitive or embarrassing you can keep it behind closed doors and protect both parties privacy and dignity.
- Arbitration helps parties avoid hostility as it allows both parties to make suggestions and work together to solve a conflict versus going to court. It also is cheaper than litigation.
- Parties can choose their arbitrator who have experience in the dilemma/issue at hand versus a court room where a judge is pre-assigned who may or may not have any experience or knowledge in the matter at hand.
- Qualifications of being a Arbitrator
- They must have a combination of at least 10 years of experience in either law or their profession.,
- They need to have an educational degree or license in their professional field of study
- Must have training and experience in both arbitration and CDR (conflict dispute resolution).
- Must be a member in a recognized society of their profession or indiustry
- Need to own or possess honors or awards indicating leadership and expertise in your industry
- Must be a member in a recognized society of their profession or indiustry
- Must have training and experience in both arbitration and CDR (conflict dispute resolution).
- They need to have an educational degree or license in their professional field of study
- They must have a combination of at least 10 years of experience in either law or their profession.,
- Disadvantages
Informações
- Descrição
- Mapa Mental sobre Mediation VS Arbitration, criado por Vanessa Ananos em 10-06-2019.
- Criado por
- Vanessa Ananos
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