Mediation and Arbitration How Do Essay

In a legal proceeding, the press and other parties will have access to the topics that were discussed. This prevents information from being leaked, which could hurt negotiations.

Informal and Flexible: Arbitration is not following a formal structure. This changes the time and place when these proceedings can occur.

Economical: The process is saving time and money by not involving the courts in settling the dispute (which could take years).

This is illustrating how arbitration is advantageous because it can help both sides to quickly resolve key issues. ("Foundations of Conflict Resolution," 2012) (Shachar, 2011) (McLean, 2008)

Mediation -- Arbitration (Med-Arb) is a procedure that is combing the two strategies together into a single model. The way that is works is each side will agree to abide by the final decisions. However, during the process, mediation is used to determine the positions of both sides and their flexibility. (McLean, 2008)

This increases communication and it allows for trial offers to be presented to the other party. These kinds of proposals help to enhance communication and it improves everyone's ability to understand the main issues. When this happens, there is a better working relationship that is acceptable to all parties.(McLean, 2008)

This is the point that both sides will enter final arbitration. After a successful test agreement has been presented and accepted by everyone, is when this process will be used to create a final offer. This is a legally binding document and will take the elements from the mediation by implementing them in the final proposal. (McLean, 2008)

The benefits this strategy are that both sides can use mediation and arbitration together. This allows them to understand the other party's position more effectively and provide test agreements (to determine flexibility). The risks of this process are low, as it allows everyone to explore different options.

Once there has been an informal agreement on the different points, is when the final proposal will be created (utilizing arbitration). This ensures that the process is fair to everybody and that the solutions are taking into account the views of the different sides. These advantages are creating a synergy by taking the best of both strategies and combining them together. This is designed to streamline the effectiveness of these results and reduce the time involved. (McLean, 2008)

References

Foundations of Conflict….....