22522850
Description
Mind Map by Cece Francis, updated more than 1 year ago
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Created by Cece Francis
over 4 years ago
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Alternative Resolution Dispute
- Mediation
- Litigation
- Litigation is when two parties settle their disagreement/ argument in the court of law.
- Litigation is when two parties settle their disagreement/ argument in the court of law.
- Mediation is a course of action where a third party acts a neutral party in an attempt to help two
disagreeing parties reach an agreement.
- Five mediator qualifications: 1.First, a mediator needs to start with a bachelor’s degree in either
mediation or conflict resolution to begin a career in mediation. 2. Then is either go to law school or
you need to earn a master’s degree because some employer you to have either one or the other
depending on where you work. 3. Next is to complete an online or in classroom mediation training.
4. After the mediation trained is complete, then you need to become certified or licensed. 5. Lastly, is
to attend mediation conferences/ events (“Become a Mediator | Education and Career Roadmap,”
2020, para. 2-6).
- Litigation
- Arbitration
- “Arbitration is different from mediation because the neutral arbitrator has the authority to make a
decision about the dispute” (Arbitration, n.d., para. 1).
- Three advantages of arbitration: 1. One the biggest advantages of arbitration is that is costs less than
going to court. 2. It is a quicker process, whereas your case can be heard sooner, and a decision can
be reached sooner than going to trial as opposed to waiting for a hearing date. 3. Another advantage
is that it is more private and confidential (Upcounsel, n.d., Advantages of Arbitration).
- Three disadvantages of arbitration: 1. One disadvantage is that arbitration cannot be appealed,
leaving you stuck in a possibly unfavorable ruling. 2. Another disadvantage is that an arbitrator can
review any information that is brought to them. 3. Another disadvantage is that acting in an
arbitrator role, he/ she can be bias which can be a negative thing for the person looking to settle an
issue (Upcounsel, n.d., Disadvantages of Arbitration).
- Three disadvantages of arbitration: 1. One disadvantage is that arbitration cannot be appealed,
leaving you stuck in a possibly unfavorable ruling. 2. Another disadvantage is that an arbitrator can
review any information that is brought to them. 3. Another disadvantage is that acting in an
arbitrator role, he/ she can be bias which can be a negative thing for the person looking to settle an
issue (Upcounsel, n.d., Disadvantages of Arbitration).
- Three advantages of arbitration: 1. One the biggest advantages of arbitration is that is costs less than
going to court. 2. It is a quicker process, whereas your case can be heard sooner, and a decision can
be reached sooner than going to trial as opposed to waiting for a hearing date. 3. Another advantage
is that it is more private and confidential (Upcounsel, n.d., Advantages of Arbitration).
- Five arbitration qualifications: 1. The first qualification is to obtain a bachelor’s degree in criminal
justice or a related field. 2. Then after a bachelor’s degree is obtained, one must get a graduate
degree in order to compete with attorneys and others within in the field. 3. Must obtain licensing as
an arbitrator within the state of employment. 4. Work in the field by gaining experience in the area
via practicing law or working in a related industry. 5. Furthering one’s education and becoming more
knowledgeable as an arbitrator. The more your study, the better (“Become an Arbitrator: Education
and Career Roadmap,” 2020, para. 2-6).
- “Arbitration is different from mediation because the neutral arbitrator has the authority to make a
decision about the dispute” (Arbitration, n.d., para. 1).
- Three advantages of mediation compared to arbitration: 1) “You are directly involved in negotiating
your own agreement. 2) No settlement can be imposed upon you (as happens in litigation or
arbitration). 3) The proceedings are conducted in private, and you are in control of your own position,
etc.” (The Academy of Experts, n.d., para. 1).
- Disadvantages of mediation compared to ligation: 1) You might not get a neutral third party, the
arbitrator might make a biased decision leading to an unfair ruling, etc. 2) “Mediation does not
require a lawyer to be present during one or more of the sessions. 3) The agreement between the
parties involved is legally binding in most judicial systems” (Nolo, 2011, para. 3& 4).
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