Alternative Dispute Resolution

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Unit 8 Project |

Alternative Dispute Resolution |

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LaTrina Michael |

4/23/2011 |

|

LaTrina Michael

Alternative Dispute Resolution

Unit 8 Project

Professor Randee

I. MEDIATION

Mediation is when a neutral third-party is invited to direct the dispute resolution process. The parties chose to pursue mediation in an effort to resolve their dispute. Since mediation is private, the procedural and evidentiary rules of the process are agreed to by the parties. When choosing this method of ADR, the parties can choose to have the mediator determine the rules for them. Mediation consists of the following:

a. Approach

If the parties are unable to resolve their own dispute through negotiation, they may turn to mediation. They would invite a neutral third-party to direct the process (Frey, 2003).

b. Process

The third party facilitates the discussion between the parties in an attempt to help the parties to resolve their dispute. However, the mediator does not resolve the dispute. The mediator controls the process and the parties negotiate through the mediator (Frey, 2003).

c. Strategies

The parties must agree on the resolution of the dispute. When parties select mediation as their method of dispute resolution, they become involved in a process which, most likely, requires the parties to compromise. Some mediators evaluate the problem and suggest solutions as they assist the parties in working through the process. Even if the mediator suggests solutions, the parties ultimately must resolve their own dispute (Frey, 2003).

II. ARBITRATION

a. Approach

Arbitration is an ADR whereby the disputing parties come before a neutral third party or a panel of neutral third parties who relate the nature of the dispute to the arbitrator or arbitration panel and the arbitrator or the arbitration panel resolves the dispute. In arbitration the parties lose control over the outcome of their dispute (Frey, 2003).

b. Process...