Alternative Dispute Resolution Essay

1134 WordsApr 1, 20135 Pages
Mediation as Alternative Dispute Resolution Mediation a structured negotiation process in which a neutral impartial third party, the mediator, independent of and acceptable to the parties, facilitates their agreement on a resolution of their dispute by assisting them systematically to isolate the issues in dispute, to develop options, and to reach a mutually acceptable resolution which accommodates the interests of all disputants as much as possible. In short Mediation is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator assists the parties to negotiate a settlement. The benefits of mediation include: 1. Cost: Save money compare to litigation. 2. Confidentiality: the dispute and settlement is not published. 3. Control: parties control outcome of the settlement not a judge. 4. Compliance: since settlement is by way of mutual agreement, there will greater compliance to it than being forced by court. 5. Mutuality: Parties to mediation are typically ready to work mutually toward a resolution. 6. Support: Mediators are trained in working with difficult situations. The mediator acts a neutral facilitator and guides the parties through the process. The mediator helps the parties think "outside of the box" for possible solutions to the dispute, broadening the range of possible solutions Mediation is a non-binding process where a neutral third-party (the mediator) works with the parties to reach a mutually agreeable settlement. If a settlement is not reached, the mediator has no authority to impose one. In arbitration, the arbitrator hears evidence and receives testimony, much like a judge and makes a decision that is binding on the parties. There are three mediation approaches 1. Evaluative mediation Evaluative mediation is focused on
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