Mediation and Arbitration

Mediation is defined as an intervention to settle a contest: the intervention by a third party amid two sides in a dispute in an examine to help them reach an proportionateness (www.msn.com). Arbitration is defined as the passage for resolution of disputes: the process of resolving disputes between tidy sum or groups by referring them to a third party, either agree on by them or provided by law, who makes a conceit (www.msn.com). The definitions have been established and it is now time to ask a few questions. What are the advantages and disadvantages to mediation and arbitration in the confinement to resolve a dispute? What are the practical consequences of the unequivocal Courts decision in the Waffle House case to the death penalty of arbitration in the workplace? After considering the consequences, does this mark the break off of arbitration agreements as a means of keeping job disputes out of the courts? These questions go forth be answered in the following paragraphs that will describe the advantages of med-arb in conjunction with conflict resolution. For purposes of this case assignment, the barrier med-arb will refer to any reference combining mediation and arbitration in sequence.

Advantages

·         Resolution can be obtained inside a reasonable time.

·         Resolution can often be achieved at a reduced cost, mainly because the parties will pick up to educate altogether one neutral about the facts and licit issues involved.

·         A med-arb proceeding allows the parties more control over the process by giving them the opportunity to pursue a accordant settlement during the mediation phase, but also promising finality by assuring an end to the dispute, if not by agreement then by binding arbitration.

·         A combined choice dispute resolution proceeding may enable the parties to reduce their dispute substantially during the mediation phase, often leaving only a few remaining...

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