Mediation vs Litigation
Advantages of mediation over litigation
Mediation is convenient and more time saving compared to litigation. It is usually held for days, unlike lawsuits, which take a lot of time. Courts take months and sometimes years to come up with the final decision on a dispute.
Mediation allows parties to make the final decision- conflicting individuals come up with their own decisions, which will be fair for both, unlike litigation, where the court determines cases based on evidence, which at times may be biased.
Mediation is private and confidential compared to litigation, and therefore it is more preferred to solve family conflicts.
Disadvantages of mediation compared to litigation.
Mediation lacks legal protections offered by state and federal courts. For instance, wealthy parties may influence the settlement of dispute resolution, unlike litigation, where such parties are legally protected.
Parties may lie in a mediation process. The mediator relies on the parties’ information, unlike litigation, which does a thorough investigation of facts before determining a case.
There are dispute cases that must be legally determined. Cases that have a significant social impact such massive killing cannot be solved through mediation, but require legal involvement.
Part two
Qualification of a mediator
Education qualifications-A qualified mediator should be familiar with ethical principles, theories of practical mediation application. An undergraduate degree in fields like communication, law, conflict management, and psychology are also required.
Training qualifications- mediators from all states must complete training set by states, usually longer than twenty hours. They also must specialize in a specific area of practice, for instance, marriage, contracts, or personal injury.
Personal qualification- He or she should also have listening, reasoning, and problem-solving skills.
Court mediators must have experience of mediating from observing other mediators at work or from their work. Some states, however, set some minimum length of hours of pro-bono services of mediation.
Trained mediators must apply for placements if they want to be certified, court mediators. State court administrators then compile the roster and create awareness about qualified mediators in their regions.
Advantages of arbitration
Arbitration is fast- cases are solved much sooner than in litigation.
Arbitration is less expensive. Parties split costs in arbitration, but the party in which the burden of proof lies on incurs all the charges in a court case.
Confidentiality- arbitration is a private procedure, unlike a trial which which is open for the public.
Disadvantages of arbitration
In arbitration binding, there are no chances of appeal. This may disadvantage parties who feel that the result of the process was erroneous.
Arbitrations lack formal discovery. Parties do not present all the required information for case evaluation, and there interferes with fairness if the process.
Arbitrations lack consistency. It has no set of legal standards. An arbitrator is subject to bias, especially where the bidding contact is mandatory.
Qualification of an arbitrator
States require arbitrators to have a degree in law. For the other fields, one must have an undergraduate degree before enrolling for an arbitration course.
Training qualification- most states require arbitrators to attend forty minimum hours, which is to be supplemented with twenty additional hours.
Experience requirements- they are expected to have at least ten years of experience in law or business law.
An arbitrator must have a certificate and a license from the National Academy of Arbitrators to work in some states.
An aspiring arbitrator needs to undergo an internship where he or she will watch another arbitrator’s work and practice the same under supervision.