Sample English Essays on Definition of Mediation

Mediation can be defined as use of informal and non-documented approach in solving disputes. Litigation is the process of addressing issues or differences by use of a legal system. It follows the path of well documented laws as opposed to mediation. Both approaches have their advantages and disadvantages.

Advantages of Mediation

Mediation has higher level of compliance as opposed to litigations. This is because the outcome of a mediation is more party generated as opposed to a third party offered solution. In mediations, the chances of appeals and counter appeals is low.

Mediation is done in private and only involves the concerned parties. This is different from litigations which are held in public and open courts. This makes mediation a more confidential way of dispute resolution unlike litigation.

Mediation is time saving and quick. It may take a day to solve a dispute and still have parties satisfied. Litigation on the other hand takes a lot of time.  (Weston &M. (2020)).  This is because of the number of people and institutions involved. It may also experience a lot of bureaucracy, investigations and injunctions.

Disadvantages of Mediation

The biggest disadvantage of mediation is that it may fail and parties end up in court. This leads to waste of time and resources. It may also lead to miscarriage of justice in cases where a party does not understand their rights in law. It is worse when it touches on fundamental rights of the people. Mediation can be a disadvantage where it leaves open chances for a repeat of the same issue of conflict. (Weston &M. (2020)). This is because it may not carry weighty penalties of the law.

Qualifications of a Mediator

A good mediator should have the following traits:

  • Neutral and nonpartisan. This will ensure fairness.
  • Good and patient listeners
  • Have empathy to both parties
  • They should be confidential. (Elrod & L. (2020)).
  • Be honest and respectful

Advantages of Arbitration

Arbitration ensures that the party on the wrong is penalized legally. These penalties ensure that the party does not repeat the same in future. It also dissuades others from committing such illegalities. (Goltsman & Hörner, &Pavlov & Squintani (2009)). It is also known that arbitration leads to protection and offer of justice to endangered groups in the society, these. may include children. Moreover, arbitrations are well documented and preserved for future reference in similar disputes.

Disadvantages of Arbitration

The time and resources used in arbitration make it demanding and expensive. This may see to it that those without resources do not receive justice. Above this, arbitration requires resources and bureaucracies to enforce the rulings made in disputes. Technicalities are a likelihood in arbitrations.

 

 

Qualifications of an Arbiter

A good and reliable arbiter must be accepted by all parties in a dispute. They should have the following traits:

  • Have ability to communicate effectively
  • They must also be patient and good listeners to ensure they listen to both parties.
  •  Confidentially and secretive with details from non-participants ho
  • They must be honest. (Elrod & L. (2020)).
  • They must exhibit empathy and understanding

The process of dispute resolution is result oriented. These means all parties must be willing to have a consensus and solutions. It is up to the parties to choose either to use the traditional legal process or mediation. In cases involving parties that cannot speak for themselves like children, refugees among other vulnerable persons, then, mediation is not applicable. Commencing one approach does not mean the other cannot be applied. Parties can always go for the alternative at any stage.

 

References

Elrod, L. D. (2020). The Need for Confidentiality in Evaluative Processes: Arbitration and Med/Arb in Family Law Cases. Family Court Review, 58(1), 26-45.

Goltsman, M., Hörner, J., Pavlov, G., & Squintani, F. (2009). Mediation, arbitration and negotiation. Journal of Economic Theory, 144(4), 1397-1420.

Weston, M. (2020). Buying Secrecy: Non-Disclosure Agreements, Arbitration, and Professional Ethics in the# MeToo Era. Arbitration, and Professional Ethics in the# MeToo Era (February 21, 2020).