Alternative Dispute Resolution Mind Map

Advantages and disadvantages of mediation
1. Mediation is typically less costly. Typically $150-$300 per hour. Arbitration can be $1000 to $2000 per day and litigation may last years.All of the estimated costs are for the fee itself, not the cost of attorneys, and fees that may be assessed for meeting space.
  1. Mediation is more often than not, completed in less time. Preparation time for mediation is typically less than in arbitration and definitely less than in litigation. overall time away from work is less for mediation. Arbitration typically takes 3-4 days to complete
    1. No Attorneys are required in mediation, but are welcome. Parties often speak for themselves, and speak their opinions without rules. Solutions and remedies can be creative in nature when utilizing mediation. In Arbitration parties may have some rules, have less creative options and will not be able to overturn a decision made by the arbitrator.
2. There is no formal training mandated or provided for mediators, so mediators may be inexperienced.
  1. Mediation has no formal rules so there may be an imbalance in good faith, there may be a controlling power and a biased mediator
    1. In Mediation both parties must agree to come to a decision. In arbitration and litigation a decision is made for the parties based on the information provided. In mediation if a decision is not agreeable there may be no outcome. In arbitration and litigation a final decision may be made, even if not agreeable.
3. Advantage
4. Disadvantage
Mediator Qualifications
1. Mediators must have good communication skills
  1. Mediators must have basic training in mediation as well as hands on observations and co participant sessions.
    1. Mediators will subscribe to a code of ethics and standards of practice for mediators
      1. Mediators participate in ongoing educational experiences at least annually
        Mediators (should) remain unbiased
Advantage and disadvantages of arbitration
1. Arbitration is conducted in a private session out of court and can be done in the day, nights or weekends. Clients agree on time location and shared cost.
  1. Arbitration is most commonly completed faster than litigation, parties can share the cost helping to lower the burden for each participant.
    1. The final decision from an arbitrator can be upheld as in a court of law.
2. Disadvantage
  1. Decisions made through arbitration are difficult to appeal and may not be favorable to one of the parties.
    1. Arbitrators may have a lack of power / enforcement if one party is stalling or being difficult in the proceedings. If stalling happens it may become costly for the proceedings.
      1. Sometimes arbitration can limit the informal and creative ways of reaching a settlement between parties.
3. Advantage
Arbitrator qualifications
1. Arbitrators have at least 10 years of professional experience or legal practice experience
  1. Arbitrators have a degree or a license in the related field
    1. Arbitrators have documentation of; certifications, awards, or have leadership in the field or other documented accomplishments that demonstrate their strengths, abilities and accomplishments.
      1. Arbitrators have training and or experience in arbitration matters. Beginners must accompany an experienced arbitrator to observe and practice before they are left to arbritrate a case on their own.
        Arbitrators have documented membership in a professional association
Sonya Smith HRM/ 420 Kenneth Goldsmith

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Alternative Dispute Resolution Mind Map

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