Arbitration and Mediation references
Arbitration and Mediation are forms of alternative dispute resolution (ADR) that are intended to avoid the high cost and unpredictable outcome that could result from a lawsuit. Both are private forms of dispute resolution. This means that, unlike a court case, they are not a matter of public record. Arbitration and Mediation can also allow the parties to establish their own ground rules for settling their dispute, including what types of evidence can be presented, what kinds of experts can be consulted, and the concepts on which the final agreement or decision will be based.
The main difference between mediation and arbitration is that in arbitration the arbitrator hears evidence and makes a decision. Arbitration is like the court process as parties still provide testimony and give evidence similar to a trial but it is usually less formal. In mediation, the process is a negotiation with the assistance of a neutral third party. The parties do not reach a resolution unless all sides agree.
Mediation is a more informal process for resolving a dispute. The mediator is a neutral third party who helps the parties negotiate a resolution to their dispute. In mediation the parties are responsible for coming to an agreement; it is not the mediator’s job to make or impose any decisions on the parties. The mediator listens to both sides and offers suggestions that are supposed to help the parties come to a resolution. The advantage to mediation is that, since both parties participate in resolving the dispute, they are more likely to carry out the settlement agreed upon. A disadvantage to mediation is that the parties may not be able to come together on an agreement and will end up in court anyway.
In a mediation, the mediator, essentially, helps parties to settle their disputes by a process of discussion and narrowing differences. The mediator helps the parties to arrive at an agreed solution. He does not decide the dispute. A successful mediation results in an agreement signed by the parties, whereas a contested arbitration results in a decision by the arbitrator himself without the agreement of the parties. In a mediation, there is no such thing as a winning or losing party, because there is no binding decision without both parties agreeing to one.
Arbitration is a more formal process for resolving disputes. Arbitration often follows formal rules of procedure and the arbitrator may have legal training that a mediator does not. The arbitrator is a neutral third party, but should have some expertise in the area that is the subject of the dispute. The parties should agree on who the arbitrator will be or on how he or she will be selected. Unlike a mediator, the arbitrator has the authority to make determinations and decisions that are binding on the parties. The arbitrator’s job is to listen to both sides and then make a decision that is mutually binding on both parties. Arbitration avoids the risk that the parties won’t agree and will end up in court anyway because the arbitrator makes the decisions and they are legally binding. However, the disadvantage of this is that one or both parties may be more dissatisfied with the result.
In an arbitration, the arbitrator looks into the legal rights and wrongs of a dispute and makes a decision. Once the arbitrator has arrived at a decision, it is binding on parties whether they agree with it or not. It is very much like the way a court case is decided by a judge, except that the process does not take place in a court room, and it is not open to the public. As in a court case, there is usually a winning and a losing party in an arbitration.
Both processes have their advantages and disadvantages. The main advantages they both have over a trial are the savings of cost and time, and a greater degree of predictability in the outcome. For a small business owner these could be extremely important considerations. There are also potential disadvantages to using mediation and arbitration. Since these alternative procedures are not bound to follow legal precedent in coming to a decision, parties cannot count on legal precedent to be determinative of the result. The parties may also have difficulty choosing a mediator or arbitrator that they are truly satisfied will be neutral or impartial.
Mediation and arbitration are both viable, affordable and effective alternatives to litigation. If you think you and the other party are capable of reaching an agreement with the help of a third party professional, you should consider mediation. Settling your differences through mediation can help you save time and money. If you believe that you can settle the matter outside the courts but still need someone to make the final decision because you and the other party will not be in a position to negotiate a settlement, then arbitration is best for you.
Silver Divorce Mediation
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IMI has grown significantly over the past few years, and so we recently sought to recruit a new Operations Manager to assist with daily operations. Chimdimma, based in Nigeria, has accepted the role, and we look forward to everything her experiences and perspective will bring to the organisation. Chimdimma will be particularly active in assisting … Incoming Operations Manager: Chimdimma Onyedebelu Read More » Source
- Ireland’s Mediation Adventure – A practitioner flying on “mutinous winds”by Róisín O'Shea on July 14, 2021 at 11:19 am
By mediators Sinéad Conneely, Shane Dempsey, and Róisín O’Shea. In referencing Shakespeare’s The Tempest throughout this piece, we acknowledge that there has always been a “rough magic” to the practice of mediation; something elemental about the ability to bring peace in the midst of “roaring war”. Yet peace itself, can sometimes be controversial and the … Ireland’s Mediation Adventure – A practitioner flying on “mutinous winds” Read More » Source
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Mediation in the field of business and human rights to help resolve a conflict between stakeholders/workers upstream a global supply chain and corporate actors in South East Asia with the full participation of civil society (NGOs national and international). This piece was originally published by the ABA Public Disputes and Consensus Building Committee in June … Mediation in the Field of Business and Human Rights Read More » Source
- Mixed Mode Taskforce: Invitation to Attend Online Public Consultation Sessions on September 13-15, 2021by Laura May Skillen on August 5, 2021 at 9:17 am
The Mixed Mode Taskforce is a combined effort by the College of Commercial Arbitrators (CCA), the International Mediation Institute (IMI), and the Straus Institute for Dispute Resolution, Pepperdine School of Law. The Taskforce was created almost five years ago and is in the process of finalizing its work product. It is now seeking input from … Mixed Mode Taskforce: Invitation to Attend Online Public Consultation Sessions on September 13-15, 2021 Read More » Source
- Mixed Mode Taskforce: September 13-15, 2021 Final Schedule for Online Public Consultation Sessions Availableby Ivana Nincic on September 4, 2021 at 8:18 pm
Day 1 Schedule (Covering WG’s 2, 3, 5 and 7) September 13th, 2021 Please register by clicking here or on the Zoom links below. We hope you will be able to join us for at least one of these sessions, as we would greatly value your input. All times EST (11AM-3PM) and CET (17-21) 11-11:45 … Mixed Mode Taskforce: September 13-15, 2021 Final Schedule for Online Public Consultation Sessions Available Read More » Source
- New QAP in Ireland: Mediation Foundation of Irelandby Laura May Skillen on July 28, 2021 at 2:12 pm
IMI’s Appraisal Committee have approved a new Qualifying Assessment Program, based in Ireland. The Mediation Foundation of Ireland (MFI) conducts assessment of experienced mediators in English, in Ireland and online; they also have an existing IMI-recognised training program for new mediators. QAPs assess experienced mediators, enabling them to gain IMI Certification. QAPs can be searched … New QAP in Ireland: Mediation Foundation of Ireland Read More » Source
- Rising Stars: Alexa Jeremy, Joel Evans, and Susan Andrewsby Angela Herberholz on August 2, 2021 at 10:37 am
Mediation is an ever-evolving field, making the journey for mediators a never-ending learning process. To ensure a vibrant future for mediation, practicing mediators with advanced knowledge, skills, and experience support the next generations of mediators through the IMI-YMI Mentorship Framework. IMI-YMI have been supporting new mediators for more than ten years, and this framework focuses … Rising Stars: Alexa Jeremy, Joel Evans, and Susan Andrews Read More » Source
- The Singapore Convention Week 2021by Chimdimma Onyedebelu on August 19, 2021 at 2:43 pm
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- Upcoming Event: Resilience and Reinvention – Dispute Resolution During a Crisis and Beyondby Laura May Skillen on July 5, 2021 at 6:40 pm
IMI are delighted to be a supporting organisation for Resolution Institute’s upcoming virtual conference, Resilience and Reinvention: Dispute Resolution During a Crisis and Beyond. IMI mediators and YMI members can access a special discounted rate below. Dates: 15 – 16 July 2021 Australasia’s largest dispute resolution organisation, Resolution Institute, is pleased to invite you to … Upcoming Event: Resilience and Reinvention – Dispute Resolution During a Crisis and Beyond Read More » Source
- Upcoming leadership changes at IMIby Laura May Skillen on July 21, 2021 at 12:13 pm
After four and a half years with IMI, Executive Director Laura May Skillen will shortly be departing the organisation. We are very lucky to have recruited Ivana Nincic as new Executive Director; she will work with Operations Manager Chimdimma Onyedebelu to continue taking IMI from strength to strength. Laura will be finishing up at IMI … Upcoming leadership changes at IMI Read More » Source