Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
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 into a quick voluntary decision in order to escape the possible penalty of arbitration.
In mediation-arbitration disputing parties each retain the maximum control over the process and decisions made during the mediation phase. There is no arbitration decision that imposes pressure upon the parties when initial negotiations and decisions take place. The only limiting factor is a deadline, after which arbitration will take place if no voluntary decision can be reached. The advantage here is the perception of both control and fairness. Any evidence entered into the mediation phase can also be used in the arbitration phase in order to aid the decision.
Because of this factor, one major disadvantage of this procedure is the likelihood of a longer term in reaching a decision, and a greater likelihood of arbitration rather than voluntary decisions. Because there is no prior arbitration decision, the possible influence of extra information could also discourage the revelation of information that is pertinent to the case. This may influence both the mediation...
Process control is retained and uncertainty reduced.
The exact synergy of each process is influenced by the nature of each individual case as well as the nature of the relationship between the disputing parties. Arbitration-mediation tends to have short-term advantages such as quick, voluntary and low-cost settlement, but long-term disadvantages such as the perception that the process was fundamentally unfair. Mediation-arbitration on the other hand has short-term disadvantages such as longer terms of settlement and higher costs, but long-term advantages such as a perception of fairness.
In deciding which procedure to follow, not only the processes, but also the parties involved, should synergize their requirements and match these with the processes for the optimal advantage to each party. Each counselor should also provide the disputing parties with complete information regarding both the advantages and disadvantages of each synergetic process involving arbitration and mediation. Furthermore, the parties may wish to only use one or the other in the process. Parties should discuss the possibilities separately with legal professionals, after which they can then meet and make a synergetic decision for the best possible outcome in the case and for each party.
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
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
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
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,
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
Alternate Dispute Resolution Mediation and Conflict Resolution Mediation is a process which brings two opposing parties to a table in the attempt to encourage them to develop their own resolution to a dispute. The traditional means of conflict resolution, of antagonistic litigation is costly, and creates a win-loose atmosphere between the parties. Through mediation, the two parties have the opportunity to create their own solution. Mediated agreements tend to lesson the adversarial