HRMN 362 week 5.1
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University of Maryland, University College *
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362
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Law
Date
Feb 20, 2024
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docx
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Arbitration is a method where the disputing parties involved present their disagreement to one arbitrator or a panel of private, independent, and qualified third party “arbitrators.” The arbitrator(s) determines the outcome of the case. Arbitration can be a simpler, faster, more peaceful, and less expensive option than litigation. However, the process is not subject to the same rules of evidence and discovery as a court case. This can raise questions of fairness and transparency. (Sgubini, 2004).
Mediation is an ADR method where a neutral and impartial third party, the mediator, facilitates dialogue in a structured multi-stage process to help parties reach a conclusive and mutually satisfactory agreement. A mediator assists the parties in identifying and articulating their own interests, priorities, needs and wishes to each other. However, there are some downsides to mediation as well, including the fact that it can take more time to reach a resolution than litigation and that results are not always legally binding (Sgubini, 2004).
Like mediation, conciliation is a voluntary, flexible, confidential, and interest-based process. The
parties seek to reach an amicable dispute settlement with the assistance of the conciliator, who acts as a neutral third party. The main difference between conciliation and mediation proceedings
is that, at some point during the conciliation, the conciliator will be asked by the parties to provide them with a non-binding settlement proposal. A mediator, by contrast, will in most cases, and as a matter of principle, refrain from making such a proposal (Dispute Resolution, n.d.).
Dispute Resolution. (n.d.). What is conciliation? Retrieved on 2/9/2024 from:
https://www.dispute-resolution-hamburg.com/information/conciliation
Sgubini, A. (2004). Arbitration, mediation, and conciliation: differences and similarities from an International and Italian business perspective. Retrieved on 2/9/2024 from: https://mediate.com/arbitration-mediation-and-conciliation-differences-and-similarities-from-an-
international-and-italian-business-perspective/
The Program on Negotiation. (2024).
Mediation and arbitration: what is mediation and arbitration? mediation and arbitration can help parties solve serious conflicts without the expense
and hassle of litigation. Retrieved on 2/9/2024 from:
https://www.pon.harvard.edu/tag/mediation-and-arbitration/#:~:text=Mediation%20is
%20appealing%20because%20it,much%20say%20in%20the%20outcome
.
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