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Arbitration, Mediation, and Dispute Resolution

There are several types of dispute resolution. A couple examples include arbitration and mediation. Arbitration involves a third party reviewing information and coming to a solution to solve a dispute. The two sides agree to be bound by the arbitration decisions. Mediation is similar to arbitration, but allows for negotiation between the involved parties.

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What is a Non binding arbitration?

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Asked by Wiki User

In binding arbitration, the parties contractually agree that they will be bound and abide by the decision of the arbitrator. In non-binding arbitration, each party is free to reject the decision of the arbitrator and either do nothing or take the matter to court.

Which answer below is a technique that can leverage the mediation process?

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All of the following can be used to leverage the mediation process:

(a) Identify the decision makers at the negotiations.

(b) Use and exploit the media during and after the negotiations.

(c) Maintain secrecy and confidentiality.

(d) Recognize political and military parties to the negotiation.

(e) Use of interpreters and translators.

Why does a defendant not have to testify?

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Asked by Wiki User

WHAT court case does he not want to testify in - his own? He has that right if he wishes to exercise it. If you are referring to some other case in which he may not want to testify - the court has the power to compel his attendance and be called as a witness. If he takes the stand and refuses to answer questions or testify, the jury can then draw their own conclusion from his refusal, and use that, or not, in their deliberations.

Example of a criminal dispute?

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When landlord forces tenant to move out.

What The importance of mediation in dispute resolution?

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A dispute can not be settled with out communication.

The parties of both opponents in a dispute would have no idea of what the opposition wanted or was prepared to do.

Be it via speech or written word without communication there would be no knowledge passed on, not only between humans, but also a lot of life forms.

What the negotiation method to resolve conflict involve to reach an agreement?

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Asked by Wiki User

You can resolve a dispute but not an agreement. For this reason your question makes no sense and as is, is unanswerable.

What is peer mediation?

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Asked by Wiki User

Someone that you may know that can help you with a conflict or an issue that you are dealing with.

Do unions use the arbitration process?

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Asked by Wiki User

Trade unions are one of the organizations that most frequently uses the arbitration process. Most labor contracts require either binding or non-binding arbitration to be used to settle labor disputes before resorting to the courts. Arbitration is much quicker than litigation in having labor disputes resolved. This will avoid prolonged strikes that would shut down businesses and keep employees out of work.

What are the advantages and diadvantages of conciliation?

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Asked by Wiki User

Depending on the conciliation you are seeking, any time you can come to an agreement out of court, you can come out ahead. For one thing, you save the potentially heavy costs of court proceedings and all of those lawyer billable hours. If you can not reach an agreement, you have no choice but to let the courts rule.

Where can someone learn more information about divorce mediation?

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Asked by Wiki User

There are a lot a informational pages out there available dealing with "divorce mediation". One good example would be the site "DivorceInfo". Another one with good sources is "DivorceMed".

What is preferable between arbitration and court cases?

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Asked by Wiki User

Arbitration is generally the best way to go. In court cases there are nothing but winners and losers. At least in arbitration both parties walk away with something. However, if one party feels that all the right is on their side they can go to court and 'roll the dice.'

What is the difference between Rights arbitration and interest arbitration?

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Asked by Wiki User

Rights Arbitration - This term is used in the context of disputes arising out of existing agreements. Therefore, rights arbitration involves interpretation of existing contract terms.

Interest Arbitration - This term is used when disputes arise and there is no agreement.

As per the book - Labor Relations and Collective Bargaining by Carrell and Heavrin (7th Edition, Prentice Hall), Rights arbitration is found in almost every labor agreement today and is used far more today than interest arbitration. Because interest arbitration tends to have a broader scope than rights arbitration, many unresolved issues are present in interest arbitration.

What happens when negotiations go to arbitration?

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Asked by Wiki User

Arbitration works by bringing three parties together, the two parties that require arbitration and a third neutral party. The neutral party works together with the other parties to try to come to an amicable agreement.

What is the function of an arbitration?

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Asked by Wiki User

Arbitration is an out of court way to resolve a dispute between two parties. An arbitrator controls the process. The arbitrator listens to both sides and then makes a decision to who is right.

Is United Mediation Group a legitimate co for loan modification?

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Asked by Mccainloft

I hired United Mediation Group after a lot of anticipation I finally decided to go with their company. At about day 106 I received my modification papers. United Mediation Group forced my lender to cut my payment from $1580 down to $775. I couldn't be happier. To top it off they got these results after I tried for a year to get this done on my own. My only regret is wasting that year on the phones with my lender. These guys are the real deal.

Should you use divorce mediation?

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Asked by Wiki User

Unfortunately, we get questions from all 50 US states, and dozens of other nations. The law is different in each place- and we do not know what the law is in YOUR place. Since we do not know where YOUR place is. In most places, the order for dissolving a marriage must be entered by a judge, but you may be able to use a mediator to reach an agreement on the terms of the divorce.

If an arbitration is governed by the American arbitration association do the arbitrators have to be lawyers when such arbitrations occur?

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Asked by Wiki User

The arbitrators of the American Arbitration Association are not lawyers or even judges. They are individuals who have special knowledge, skill and training in the subject of the dispute involved. If a dispute involves an architectural contract, the arbitrator will be an expert in the field of architecture.

What are the advantages of setting a dispute by alternative dispute resolution?

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ADVANTAGES OF A.D.RThe courts have taken a lot of steps to create and maintain a favorable position towards ADR. The advantages of ADR are discussed below. 1)Speed :The biggest advantage of ADR over the current court systems is the fact that , court trials take a lot of time where the ADR process is swift. It takes less time to reach a final decision. In many jurisdictions around the world it could take months , even years before the dispute can even be heard before the judge, let alone a verdict. And one thing is certain in the legal world where time is money. And this is truer nowhere than in the commercial cases, where more time spent in dispute adds to the overall costs and adversely affects business. The research carried out by Professor Dame Hazel Genn in 1998 showed that mediation was able to promote and speed up settlement. In the number of cases that appeared before the mediation council 62% percent of them were mediated and settled at the pre-trial ADR stage. 2)Cost:The cost side of ADR was the fact that encourages parties to take up ADR on the first place. The court trials involve many lengthy procedures which are both time consuming and costly. This affects both the parties, but in ADR the expenses are kept down, attorney and Expert evidences are costly. The wait in the court and the lengthy procedures drive the costs of justice very high. But ADR offers the benefit of getting the issue resolved quicker and cheaper than court trials that means money is spent less on both the sides. A research by Professor Hazel Genn (1998) carried out in the mediation scheme of the central London county court. Though the research was not substantial it did show that cases mediated , and settled thorough the mediation schemes cost less than cases settled by the court trial process. 3) Flexibility: The flexibility of ADR is a major reason for it's acceptability .for it allows the parties to choose the kind of technique that will govern their meeting. They can choose any relevant industry standards, or any kind of law be it domestic or of a foreign country. Thus making it a standing point that can be easily worked between the parties to put the problems nature and it's result on the parties involved. 4)Accessibility : This alternative method to dispute resolution is more informal than court proceedings, without complicated rules of evidence and the adversarial nature. The adversarial process This process can therefore be less intimidating and less stressful. One example is the small claims track where claims under ₤5000 are heard in the county court. There the district judge will hold an informal and some time inquisitive hearing to decide the dispute amongst both the parties. 5)Expertise Involved :The parties involved in the dispute can have their dispute arbitrated or mediated by a person who is an expert in the relevant field. In an ordinary trial problems involving technical knowledge or procedures that many people cannot understand can make a trial go on for a long time. Also the calling of expert evidence on the basis of providing the necessary information to the judge can cost a lot of money. Not to mention the time spent educating and explaining the judge and the jury about the complex and detailed points of fact that are involved. But if the mediator or arbitrator has a background on the relevant field, it will take a lot less time and money and the parties can easily jump to the core of the subject to easily and swiftly put an end to their discord 6)Conciliation of the Parties : ADR allows the conciliation of the parties to take place and help negate future disputes amongst the involving parties. A very good example is the family disputes. ADR allows both the parties to have an amicable settlement on a equal footing and retain family relationships. This takes place nowhere more than in divorce cases or in the child custody cases. 7) Non involvement of the Jury : A jury is not involved in the ADR process. Juries are unpredictable and often amplify-decrease damage awards, purely according to whether they like the parties or not. they have awarded claimants damages that are well above what they would have received thorough alternative dispute resolution. And they have also done the opposite. Basically avoiding juries means that both parties are more likely to get reasonable damages, if they are due. 8) Closed Meetings: One of the advantages of ADR is it's closed door meetings. Court trials are open and do not offer privacy. This may be undesirable in business disputes, where the parties might not want to disclose information of their companies or high profile cases where publicity can cause mental and physical harm to the parties involved. 9) Customer Satisfaction : The research that was done by Prof: Hazel Genn (2002)showed that in ADR both the parties involved leave with a high level of customer satisfaction. The reason being that the parties get to set up the terms on the grounds upon their dispute is to be settled. 10) Confidentiality Of Results : The results of an ADR meeting can be kept confidential .Thus making it virtually impossible to cause any type of scandals or scoops on newspaper headlines. The parties can agree that information disclosed during negotiations can not be used in later Proceedings and used for future references. ADVANTAGES OF A.D.R The courts have taken a lot of steps to create and maintain a favorable position towards ADR. The advantages of ADR are discussed below. 1)Speed :The biggest advantage of ADR over the current court systems is the fact that , court trials take a lot of time where the ADR process is swift. It takes less time to reach a final decision. In many jurisdictions around the world it could take months , even years before the dispute can even be heard before the judge, let alone a verdict. And one thing is certain in the legal world where time is money. And this is truer nowhere than in the commercial cases, where more time spent in dispute adds to the overall costs and adversely affects business. The research carried out by Professor Dame Hazel Genn in 1998 showed that mediation was able to promote and speed up settlement. In the number of cases that appeared before the mediation council 62% percent of them were mediated and settled at the pre-trial ADR stage. 2)Cost:The cost side of ADR was the fact that encourages parties to take up ADR on the first place. The court trials involve many lengthy procedures which are both time consuming and costly. This affects both the parties, but in ADR the expenses are kept down, attorney and Expert evidences are costly. The wait in the court and the lengthy procedures drive the costs of justice very high. But ADR offers the benefit of getting the issue resolved quicker and cheaper than court trials that means money is spent less on both the sides. A research by Professor Hazel Genn (1998) carried out in the mediation scheme of the central London county court. Though the research was not substantial it did show that cases mediated , and settled thorough the mediation schemes cost less than cases settled by the court trial process. 3) Flexibility: The flexibility of ADR is a major reason for it's acceptability .for it allows the parties to choose the kind of technique that will govern their meeting. They can choose any relevant industry standards, or any kind of law be it domestic or of a foreign country. Thus making it a standing point that can be easily worked between the parties to put the problems nature and it's result on the parties involved. 4)Accessibility : This alternative method to dispute resolution is more informal than court proceedings, without complicated rules of evidence and the adversarial nature. The adversarial process This process can therefore be less intimidating and less stressful. One example is the small claims track where claims under ₤5000 are heard in the county court. There the district judge will hold an informal and some time inquisitive hearing to decide the dispute amongst both the parties. 5)Expertise Involved :The parties involved in the dispute can have their dispute arbitrated or mediated by a person who is an expert in the relevant field. In an ordinary trial problems involving technical knowledge or procedures that many people cannot understand can make a trial go on for a long time. Also the calling of expert evidence on the basis of providing the necessary information to the judge can cost a lot of money. Not to mention the time spent educating and explaining the judge and the jury about the complex and detailed points of fact that are involved. But if the mediator or arbitrator has a background on the relevant field, it will take a lot less time and money and the parties can easily jump to the core of the subject to easily and swiftly put an end to their discord 6)Conciliation of the Parties : ADR allows the conciliation of the parties to take place and help negate future disputes amongst the involving parties. A very good example is the family disputes. ADR allows both the parties to have an amicable settlement on a equal footing and retain family relationships. This takes place nowhere more than in divorce cases or in the child custody cases. 7) Non involvement of the Jury : A jury is not involved in the ADR process. Juries are unpredictable and often amplify-decrease damage awards, purely according to whether they like the parties or not. they have awarded claimants damages that are well above what they would have received thorough alternative dispute resolution. And they have also done the opposite. Basically avoiding juries means that both parties are more likely to get reasonable damages, if they are due. 8) Closed Meetings: One of the advantages of ADR is it's closed door meetings. Court trials are open and do not offer privacy. This may be undesirable in business disputes, where the parties might not want to disclose information of their companies or high profile cases where publicity can cause mental and physical harm to the parties involved. 9) Customer Satisfaction : The research that was done by Prof: Hazel Genn (2002)showed that in ADR both the parties involved leave with a high level of customer satisfaction. The reason being that the parties get to set up the terms on the grounds upon their dispute is to be settled. 10) Confidentiality Of Results : The results of an ADR meeting can be kept confidential .Thus making it virtually impossible to cause any type of scandals or scoops on newspaper headlines. The parties can agree that information disclosed during negotiations can not be used in later Proceedings and used for future references.

What is centralized arbitration?

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Asked by Wiki User

In centralised arbitration, a single device decides which of the requesting devices gets access to a shared resource at a particular point in time. In distributed, or decentralised arbitration, the devices themselves decide.