Mediation vs. Arbitration
When it comes to resolving conflicts and situations that arise while engaging in business, the two common remedies that often become obvious and available are mediation and arbitration. When using those words in a normal context, they are related but mean two entirely different things due to the voluntary (or involuntary) nature of the proceedings. There is also the consideration of who (or who is not) empowered to make any resolutions or final calls as to who should win out in a dispute. While there are upsides and downsides to each approach, both mediation and arbitration have their place and can be very useful.
When it comes to mediation, the advantages are that people can come to a mutually agreed to meeting and discuss what is going on and what can be done to fix a situation without involving a judge or any other decider that will just make a decision based on the merits of each case rather than allowing a solution to come through mutual consent and agreement. With mediation, the solution that comes to pass is typically agreed to by all parties and thus there is less acrimony and bad feelings. This does not mean that all parties will get all they want but that can actually happen if the circumstances are right and proper. However, arbitration is there for situations where an agreement cannot or will not come to pass. If there is an impasse that needs to be fixed on a deadline and/or...
In a legal proceeding, the press and other parties will have access to the topics that were discussed. This prevents information from being leaked, which could hurt negotiations. Informal and Flexible: Arbitration is not following a formal structure. This changes the time and place when these proceedings can occur. Economical: The process is saving time and money by not involving the courts in settling the dispute (which could take years). This is
Hence, those people who are particularly concerned about privacy are far more comfortable with mediation as compared to litigation or arbitration for dispute resolution. Confidentiality is particularly important in settlement proceedings as people are often reluctant to reveal their "bottom line" to the opposing party; in mediation, they may reveal their bottom lines to the mediator in confidence who can use the information to settle the dispute. Cost Reduction Mediation is,
Alternative Dispute Resolutions and Their Important Role in Expanding the Judiciary Process for the Public Alternative dispute resolutions (ADRs) can come in a variety of forms, such as arbitration, mediation, case conferencing, neutral evaluation, parenting coordination, summary jury trials, or collaborative family law. Such procedures typically require less formality and occur in a more confidential setting. In such manner, the participants can bypass the court room, save money, and move more
The study showed that "a shift from people-oriented to mainly project-related sources of conflict occurred" (Correia, p. 20). These conflicts were mainly described as project deadlines, final product expectations, quality criteria, the design elements, theory of instruction(s) and technology usage. As one participant in the study stated; "in the beginning they were overloaded with the amount of work they were expected to do...as the project evolved their focus shifted to
International Commercial Arbitration As the limitations among nations reduce, and the intricacy associated with worldwide industrial dealings improves, the organic result created is one which clashes with the increasing standards that are typically enclosed inside the limitations of a single legislation as well as impacts individuals all over the globe. Consequently, the actual events associated with cross-border industrial controversies possess an array of choices for adjudication of the controversies: (1) resort
Alternative dispute resolution (ADR) is a dispute resolution process that acts as a means of using an external party to settle disagreements between two parties Colbran, 2012. ADR has now become widespread and accepted by many states and counties in the United States. In the recent past, some courts have demanded that some parties use ADR to settle their cases. If the mediation process of ADR does not reach an agreement
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