Singson & Whittamore

These mediation proceedings are not conducted under oath, do not follow traditional rules of evidence and are not limited to developing the facts. Mediators are expected to draw out the parties' perceptions and feelings about the events that have brought them into conflict. It also encourages parties to acknowledge

This type of mediation may be quite similar to mediation that occurs in the civil context such as personal injury or family cases. Prior to commencing mediation, counsel should ensure that the client is prepared to engage in a give and take, mediation requires the agreement from the opposing side thus neither party is going to leave without some concession. Further, the general public has more exposure to the adversarial approach of courtrooms, as such they will need to be prepared for the relaxed and collaborative approach of mediation.

Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.

Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party sug­gests or proposes a resolution, which the parties may or may not decide to adopt. This is

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures are used if conflict is between employees or members of an organization. The 3rd party, doing the mediation is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process being conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures used if conflict is between employees or members of an organization. The 3rd party, who does is allowed to make a decision is doing the mediation and is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

After hearing from all parties involved in the conflict, participants are sometimes able to come up with a resolution for the problem they are facing

Settlement of Cases: Employers/employees may resolve amongst themselves through: • Policies. • Procedures and processes. Dispute resolution method Purpose Advantage Disadvantages Mediation Mediation informal process where neutral third party assists conflicting parties. Mediator are presenting during process, thru the agreement between the parties.

The technique used in the attempt to resolve the conflict was negotiation by third parties

When all participants of mediation are involved and do their part in the process, it is likely that mediation will succeed. This full participation begins prior to the actual start of mediation. Each party should begin their participation in the process by assisting in the planning of the mediation process. Each party needs to help their attorney prepare for the mediation and then listen carefully to what the opposing counsel offers with their opening statement. This is a good preview of what the judge or jury will hear if the mediation is not successful and the case goes to

These alternatives include mediation and arbitration, both involving a neutral third party to assist and resolve civil disputes. Arbitration and mediation are similar in that they are less formal and more abridged than a trial. These two methods of conflict resolution differ in that mediator can not demand the parties to settle their dispute, while the arbitrator decides a winner out of the two parties. In many cases, parties will agree to binding arbitration where the losing party is forbidden from making an appeal to the

The process of adjusting or settling disputes in a friendly manner through extra judicial means.

Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.

A problem that may be associated with mediation is power imbalance. Unfortunately, the mediator is only a third party which is present to assist the disputants with their communication to ensure it does not break down and help them reach a decision; however “the parties are in ultimate control, the mediator should not intervene even if one party has more bargaining power than the other” . This can in some cases result in an unfair agreement. Another adverse side of mediation is that; “basically anyone can hang out a sign and practice mediation” - meaning that mediators do not need to undergo a long period of study to ensure their professionalism and knowledge of dispute resolution. This can be harmful to the system and may result in cases being handled by unprofessional personals.