Alternative Resolution Dispute

Mediation
1. Litigation
  1. Litigation is when two parties settle their disagreement/ argument in the court of law.
2. 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.
3. 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).
Arbitration
1. “Arbitration is different from mediation because the neutral arbitrator has the authority to make a decision about the dispute” (Arbitration, n.d., para. 1).
  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).
    1. 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).
2. 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).
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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Alternative Resolution Dispute

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	Created by Cece Francis over 4 years ago