mediation vs arbitration
Mediation is a private and consensual process in which an impartial person, a mediator, works with disputing parties to help them explore settlement, reconciliation, and understanding among them. In mediation, the primary responsibility for the resolution of a dispute rests with the parties. One advantage of mediation is that it seeks to mend the relationship between the parties by finding a compromise solution that meets the interests of both parties. ... Agreements achieved through mediation are more likely to last because the parties themselves play a major role in fashioning the agreement. ... Mediation reduces the cost of disputes and produces quicker problem resolution. There is confidentiality in mediation and the mediator protects the integrity of the proceedings by setting ground rules that all parties must follow and protecting the confidentiality of the proceedings. ... In the mediation context, a non-attorney mediator who takes the facts of a particular case applies these facts to the law of the matter and advises a participant to the mediation as to this analysis, commits the unauthorized practice of law. ... If the parties to mediation wish to sign any memoranda of understanding or other summaries of their discussion, the mediator offers no opinion regarding the legal effect of any such document. ... The effectiveness of mediation calls for a mediator of honesty and integrity, emotional detachment, expertise in the area of dispute and well developed communication skills. However, mediation has got its own disadvantages. ... An inexperienced and unprofessional mediator can resolve the dispute inadequately or proceed with mediation when it is not the appropriate method for resolving the dispute. ... if the mediation is done by the Ministry of Labour, the mediation may alter the process as a result of budget cuts, e. ... For mediation to be successful there must be good faith from the participants or the process will soon be frustrated and fail. ... Mediation can result in emotional exhaustion especially where parties take long to come to a common understanding. ... If one party characteristically dominates, it is difficult in mediation to redress this imbalance to get the other speak out to fight his/ her own side.