What are the pros and cons of using mediation arbitration and conciliation
Chocolate chip cookies – good. Oreos – good. Chocolate chip cookies stuffed with Oreos – very good? Depends. Sometimes, combining two effective- or delicious – things is incredibly powerful. Or it’s a mess. Mediation and arbitration are two separate and effective methods for resolving disputes. Today, many businesses are taking advantage of a streamlined process that combines the two. It starts out as a Mediation and if things can not be resolved the Mediator switches hats and become an Arbitrator. What are the pros and cons of pursuing this option? Is med-arb a palatable combination for you? Show Pros:
Cons:
Speed and efficacy are often cited as the most common reasons that businesses pursue med-arb. But here’s another: they are usually successful in reaching a resolution before arbitration. Med-arb as a combined process provides a safety net of sorts, and fortunately, the net is not always needed. The authors would like to express their gratitude to Prof. Gregg Relyea, for his important contribution to this article. Historically, methods used to settle disputes have ranged from negotiation, to courtroom litigation, and even to physical combat. The legal needs of countries, multinational companies, and ordinary people have changed over the last decade. When faced with a dispute, business people are learning that, whenever possible, it is more advantageous to reach practical and private agreements than to fight for years and spend huge amounts of money in courtroom battles. Due to the vast amounts of time and money involved in the trial process, the American and Italian business communities have increasingly turned to legal alternatives that are more prompt, private and economical than the courtroom. Alternative Dispute Resolution (ADR) refers to the wide spectrum of legal avenues that use means other than trial to settle disputes.
What are the advantages and disadvantages of mediation and arbitration?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. 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.
What are the pros and cons of using arbitration?What are the advantages and disadvantages of arbitration? Arbitration can be a simpler, faster, more peaceful, and less expensive option than litigation. However, the process is not subject to the same rules of evidence and discovery as a court case. This can raise questions of fairness and transparency.
What are some of the advantages and disadvantages of the mediation process?There are numerous advantages and a few disadvantages to mediating a dispute. Advantages include: Control, Costs, Privacy, and Relationships. The primary disadvantage is that there is no certainty of resolving the matter.
What are the advantages and disadvantages of conciliation?Advantages and disadvantages of Conciliation
The process depends upon the circumstances of the case. In these processes the need of the parties comes first like quick settlement of their cases so there is no chance for delay. The selection of the conciliators depends upon the parties.
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