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The advantages and disadvantages of mediation

Mediation can be defined as a process where the parties that are involved in a dispute are given a chance to solve disputes by themselves without court’s intervention. (Michael, g. d 1996)

Advantages of mediation.

It helps the conflicting parties to keep a good relationship after the dispute is solved. This helps the parties that were conflicting to continue with their daily lives and be well related. In case a court system is continued then the parties who were fighting may end up fighting of make the situation between them worse. 

Mediation help to keep the freedom of choice among the conflicting parties. This is because when the parties are involved in a court system then they have to part with some money. And also the decision that is made by the judge is not always satisfying to everyone by mediation keeps all the parties satisfied.

Mediation also ensures that the both teams are treated equally. This is because the members of both parties are given a chance to make sure that they explain what happened to the both teams and this may not be possible when we look at the court systems.

Disadvantages of mediation

The dispute of settlement of mediation dispute may look at the endowment of one party. This is where incase one person is wealthier of richer than the other one then they may tend to be favored more because of the resources they have which does not happen in courts.

The mediation does not always end have with the disputes followed. This is where by the issues are just allegations and not the facts but in a court system the facts are followed.

The mediation process is not always very effective, this is where by after an agreement is reached in a mediation one party may not be satisfied and they end up filing cases in courts to seek further and better ruling.

Five summarized qualifications of a mediator.

They should have attained the majority age set by the country.

They should be good in persuading and have correspondence to American appendix 3 act of mediation.

They must have completed a mediation program which goes for two year and have taken the mediation exercises.

Must have agreed with the country’s code of ethics meant for the mediators.

Must be an attorney who is licensed in one among the fifty states of America. 

The three advantages and disadvantages of arbitration.

Arbitration is where conflicts are solved outside the court systems and there is a neutral person who is called an arbitrator. This person does not support any side and helps to resolve conflicts. (U S A. 2007)

Advantages

The both parties are given an opportunity to express themselves to the arbitrator. This boosts the confidence in the parties that are conflicting and they believe that he/she is going to be fair.

This method has the advantage of saving time and money. The court processes are always long and decisions are made after a long time. Also money is paid to the layers and the witnesses who will be used in the courts. In arbitration money is paid sometime to the arbitrator only.

The rules and systems of an arbitration are generally simple. This is where by when we look at the court system there are procedures that have to be followed every time and there are processes needed when going through the court systems.

Disadvantages.

The resources of arbitration are very limited. This is where by when it comes to this process the arbitrator may issue rulings which are not fair and sometimes also not logical which is unlike the court.

The arbitration does not always check evidences properly which are given and this may sometime affect the overall decisions which are made finally.

There are no set standards for the rulings given by an arbitrator and this affects the fairness, in a court system the constitution is well followed when giving the rulings.

Qualifications of an arbitrator

The arbitrator has to have researched well in the cases that they will be handling. Remember there are different situations to handle including the commercial, labor, insurance etc.

They have to hold a minimum of bachelor’s degree. This is in the countries where it is only comply. They have to have attended at least twenty hours of classwork.

They have to be licensed to operate arbitration in the national academy of arbitrators with about ten years of experience.

They have to have attended an internship with a firm that does arbitration.

References

Michael, g. d (1996). Mediation in special education VA: National Association of State Directors of Special Education.

U S A. (2007). Arbitration method of dispute resolution. Washington, D.C.: U.S. Securities.