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This 15 page paper discusses the pros and cons of alternative dispute resolutions and arbitrators. Examples are given which support both sides. Bibliograpy lists 13 sources.
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15 pages (~225 words per page)
File: D0_MBmedlaw.rtf
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arbitration attorney becomes the primary agent in a dispute, thus freeing up the courts to handle more in depth cases. However, this proposition is not without its concerns. For example,
how can a high quality of service be guaranteed? Is regulation needed? And, lastly, will regulating mediators and the process truly aid in the quicker resolution to a dispute?
WHAT IS MEDIATION? Mediation is an alternative to a court trial. When alternative resolution is agreed upon, and sometimes mandated, all parties meet with the mediator. The mediator generally waits
until both parties are present, then establishes the fact that he/she is neutral in the negotiation process. Issues are outlined, protocols set and the ground rules are set. Generally speaking,
in a mediation, the clients speak for themselves, even if they opt to have counsel present. Mediation is often opted for by the disputing parties because it is less
costly than a full blown war in court. Many times the issues are of such a trivial issue that the courts are not willing to clog the system with such
a dispute until it is determined that there is no other way to settle it. The alternative resolution practioner, then, has become more and more a viable force in the
justice system. The arbitrator acts as both the judge and the jury in hearing the dispute and issues a decision called an award. The award is final and binding
upon the parties. Historically, arbitration and mediation have been used to settle many different types of disputes. These disputes have typically fallen into one of the following categories - international
disputes, commercial disputes, and labor disputes. Many times those who are in dispute feel quite hostile toward one another. This impedes the process to say the least. Part of the
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