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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 illustrating how arbitration is advantageous because it can help both sides to quickly resolve key issues. ("Foundations of Conflict Resolution," 2012) (Shachar, 2011) (McLean, 2008)
Mediation -- Arbitration (Med-Arb) is a procedure that is combing the two strategies together into a single model. The way that is works is each side will agree to abide by the final decisions. However, during the process, mediation is used to determine the positions of both sides and their flexibility. (McLean, 2008)
This increases communication and it allows for trial offers to be presented to the other party. These kinds of proposals help to enhance communication and it improves everyone's ability to understand the main issues. When this happens, there is a better working relationship that is acceptable to all parties. (McLean, 2008)
This is the point that both...
After a successful test agreement has been presented and accepted by everyone, is when this process will be used to create a final offer. This is a legally binding document and will take the elements from the mediation by implementing them in the final proposal. (McLean, 2008)
The benefits this strategy are that both sides can use mediation and arbitration together. This allows them to understand the other party's position more effectively and provide test agreements (to determine flexibility). The risks of this process are low, as it allows everyone to explore different options.
Once there has been an informal agreement on the different points, is when the final proposal will be created (utilizing arbitration). This ensures that the process is fair to everybody and that the solutions are taking into account the views of the different sides. These advantages are creating a synergy by taking the best of both strategies and combining them together. This is designed to streamline the effectiveness of these results and reduce the time involved. (McLean, 2008)
References
Foundations of Conflict Resolution. (2012).
McLean, D. (2008). Compelling Mediation in the Context of Med-Arb Agreements. Dispute Resolution Journal, 63 (3), 28 -- 33.
Shachar, M. (2011). Conflict Resolution Management.
However, a variation, called "co-med-arb, allows the mediator and the arbitrator to jointly conduct a fact-finding hearing at the outset of the dispute. The hearing is followed by mediation, then arbitrtation" (McLean and Williamson). For the purposes of this review, however, it is the synergy that the processes provide together that are important -- that the two standing alone are no where near as powerful a problem solving tool
Parties may perceive that the process is unfair, as the arbitration decision is made prior to any information revealed during the mediation session. The latter cannot influence the decision in the former. Should the dispute not be settled during mediation, the arbitration decision may be perceived as unfair and inaccurate. Furthermore, there may also be a perception of a loss of control, as parties are as it were forced
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,
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
Considerations Stress and grief can make it hard to reach sensible decisions." The Issue of Arbitration in Family Law Family Law frequently involves the lives of children, and includes requirements that continue after the case decision is made. It often requires ongoing contact between parties. In addition, "marital and family law takes place in this heightened emotion atmosphere that is not present in other litigation," West notes. "The Family Law Section's 'Bounds of
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