14124969
Description
Mind Map by Sonya Smith, updated more than 1 year ago
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Created by Sonya Smith
over 6 years ago
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|
Alternative Dispute Resolution Mind Map
- Advantages and disadvantages of
mediation
- 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.
- 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
- 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.
- 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.
- 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
- There is no formal
training mandated or
provided for mediators,
so mediators may be
inexperienced.
- Mediation has no formal
rules so there may be an
imbalance in good faith,
there may be a controlling
power and a biased
mediator
- 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.
- 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.
- Mediation has no formal
rules so there may be an
imbalance in good faith,
there may be a controlling
power and a biased
mediator
- Advantage
- Disadvantage
- 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.
- Mediator Qualifications
- Mediators must have good
communication skills
- Mediators must have basic training
in mediation as well as hands on
observations and co participant
sessions.
- Mediators will subscribe to a
code of ethics and standards of
practice for mediators
- Mediators participate in ongoing
educational experiences at least
annually
- Mediators (should)
remain unbiased
- Mediators (should)
remain unbiased
- Mediators participate in ongoing
educational experiences at least
annually
- Mediators will subscribe to a
code of ethics and standards of
practice for mediators
- Mediators must have basic training
in mediation as well as hands on
observations and co participant
sessions.
- Mediators must have good
communication skills
- Advantage and disadvantages of arbitration
- 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.
- Arbitration is most commonly
completed faster than
litigation, parties can share
the cost helping to lower the
burden for each participant.
- The final decision
from an
arbitrator can be
upheld as in a
court of law.
- The final decision
from an
arbitrator can be
upheld as in a
court of law.
- Arbitration is most commonly
completed faster than
litigation, parties can share
the cost helping to lower the
burden for each participant.
- Disadvantage
- Decisions made through
arbitration are difficult to
appeal and may not be
favorable to one of the parties.
- 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.
- Sometimes arbitration can
limit the informal and
creative ways of reaching a
settlement between parties.
- Sometimes arbitration can
limit the informal and
creative ways of reaching a
settlement between parties.
- 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.
- Decisions made through
arbitration are difficult to
appeal and may not be
favorable to one of the parties.
- Advantage
- 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.
- Arbitrator
qualifications
- Arbitrators have at least 10 years of professional experience or legal practice
experience
- Arbitrators have a degree or a license in the related
field
- Arbitrators have documentation of; certifications, awards, or have leadership
in the field or other documented accomplishments that demonstrate their
strengths, abilities and accomplishments.
- 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
- Arbitrators have documented membership in a
professional association
- 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 documentation of; certifications, awards, or have leadership
in the field or other documented accomplishments that demonstrate their
strengths, abilities and accomplishments.
- Arbitrators have a degree or a license in the related
field
- Arbitrators have at least 10 years of professional experience or legal practice
experience
- Sonya Smith
HRM/ 420
Kenneth
Goldsmith
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