Saturday, December 28, 2019

Mediation Is A Type Of Alternative Dispute Resolution

Mediation is a type of alternative dispute resolution that gives the two disputing parties a third party to help them discuss and revise their points of conflict. The mediator acknowledges the points of which the parties are in agreement upon and builds upon those to create a solution between the two parties. Similarly, arbitration includes a third party that listens to the two disputing parties. However, in arbitration the arbitrator or the third party gives a final decision. In most cases, the decision given is binding. This means that â€Å"it may not be reviewed or overturn by a court except in very limited circumstances† (Repa, n.d.). But some parties have been known to agree to a nonbinding arbitration meaning that the award given can be rejected and the option of demanding a trial can be used. However, there are cases where the mediator can make a decision that is binding if both parties do not agree. In some cases, the mediation can be turned into an arbitration. In the majority of mediation processes, the goal is â€Å"to assist the parties with their negotiation, and empower the parties to make their own decisions† (Negotiation, 2014). The mediator themselves has no real authority over the two parties. Rather than with arbitration, the arbitrator or the panel gives the final closing decision that cannot be revoked. This decision is constrained by procedural rulings, if the case was in litigation the rules would be much stricter whereas mediation is more casualShow MoreRelatedA Brief Note On Alternative Dispute Resolution And Other Forms Of Helping Professions1462 Words   |  6 PagesAlternative Dispute Resolution Conflict resolution is used in various aspects of counseling and other forms of helping professions. It is vital that conflicts between opposing parties are managed in order for progress to be achieved. 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