Introduction

Resolving disputes on a day to day basis is inevitable since humankind will have conflicts, disagreements and other issues that might call for interventions.  It is, however, important to note that despite disputes being inevitable there are methods that are less preferred over the others. In this case, mediation is considered better as it has many benefits (Pinkham & Peng, 2017).

Advantages of Mediation Compared to Litigation

Mediation carries many benefits over litigation. First, mediation is less comprehensive as compared to going for trial. It is private and can take place at the convenience of the parties in question. In the case of a courtroom such as privacy and convenience might not be there. Settling cases through mediation allows one to avoid the stress and pressures that are associated with going to the court of law (Singer, 2018). Mediation allows individuals to be in control of the outcome of the case unlike when it is taken to a judge. The courtroom decides the fate of the case. Individuals opting to go through mediation are in a win-win situation unlike in the court where it is a win-lose situation. Mediation provides the parties with an exceptional level of confidentiality to the details of their case unlike through a court process which might be available to the public and other observers (Pinkham & Peng, 2017).

Disadvantages of Mediation Compared to Litigation

Despite mediation being preferred because of its many advantages, it might not always work for the parties involved. Mediation does not always result in an agreement, in case this happens parties involved consider this as time wasted.  Since it lacks procedural and constitutional protections and the courts do not guarantee it, it might be challenging to use it to find a way out. Lastly, mediation has no recovery process, unlike litigation. Parties seeking disclosure must always rely on the good faith of the other party (Singer, 2018).

Mediator Qualifications

Mediators require to have the training of 20-40 hours in mediation. Mediators in family disputes might require more training than those in legal disputes.depending on the state there are different requirements for experience. In some states, one is expected to have at least mediated in at least 25 disputes, while in other countries it’s being engaged in more than 500 hours of dispute resolution. (Pinkham & Peng, 2017). A background understanding of law or the legal structure is required in most cases. Mediators must be neutral and not serve the interests of any of the parties involved in the dispute. Some states require mediators to have been certified or have a license while others do not require certification or licensing.

Advantages and Disadvantages of Arbitration

Arbitrations are cheap and are not complex like court proceedings. Resolving is therefore easy. Due to the informality of arbitration parties can agree to resolve the disputes in a setting that is convenient for them. Arbitration proceedings are usually held in private sessions, and the resolution is confidential to the parties involved (Pinkham & Peng, 2017). Arbitrators decision cannot be appealed. Parties will have to stick to it. The process lacks formality, unlike a court process. Lastly, lack of control to the arbitrators might make them decide the case with bias thus favoring one party.

Arbitrator Qualifications

There are no standard qualifications set for arbitrators. However, an understanding of the law or legal structure is a prerequisite. Arbitrators are also called up to be neutral and have prior experience in arbitration (Pinkham & Peng, 2017). They should be members of a professional organization with a minimum of ten years of experience. Training for dispute resolution and arbitration is also required. Most of these standards and requirements are set by the different states and might differ depending on the situation, the dispute or the state.

References

Singer, L. (2018). Settling disputes: Conflict resolution in business, families, and the legal system. Routledge.

Pinkham, B. C., & Peng, M. W. (2017). Overcoming institutional voids via arbitration. Journal of International Business Studies, 48(3), 344-359.

Dispute Resolution Outline

1. Introduction
2. Advantages of Mediation Compared to Litigation

• Disadvantages of Mediation Compared to Litigation

1. Mediator Qualifications
2. Advantages and Disadvantaghes of Arbitration
3. Arbitrator Qualifications

 
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