Binding mediation combines elements of mediation and arbitration to help parties resolve disputes effectively and efficiently. It is often called mediation arbitration or med-arb. In this process, the parties agree to submit the dispute to mediation. Still, if an agreement cannot be reached, the mediator becomes an arbitrator, issues a decision on damages, and binds the …
Mediation and arbitration are found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside the traditional litigation process. However, the procedures are very different. Each system presents its benefits and challenges, and neither system is truly superior to the other. Understanding how and when to use each process is vital …
When parties are considering using mediation to help them separate effectively, they may wonder how to prepare for separation mediation effectively. For some, they may not even know what mediation entails, and they will have no idea how mediation will work for them. Mediation is a commonly used practice, especially in family law matters, yet …
The Federal Mediation and Conciliation Service (FMCS) is the nation’s largest independent public agency for alternative dispute resolution (ADR) and conflict management, providing mediation and conflict resolution services in the private, public, and federal sectors.
Conflict resolution can be a tricky process, and even those familiar with mediation and negotiation tactics might not be aware of the distinction between positions versus interests. In essence, positions are what individuals say they want in an argument or disagreement – it’s their outwardly stated wishes for how to deal with the issue at …
Out-of-court settlements are becoming a common goal in a variety of disputes. Due to the amount of time and energy that is required to take a dispute through litigation, many businesses, and parties, in general, are turning to alternative dispute resolution to keep issues out of the courts. But many people are unaware of the …
If you are getting divorced, you probably have a lot of questions about the process and the available options for divorce, including, “Dow does divorce mediation work?” Divorce mediation is one of the many alternatives available to people who are getting divorced that helps keep the arguments and divorce out of the court system. It …
Those who know the Mafia only through the media will probably have trouble believing that the Mob goes to great lengths to avoid violence. The “Docile Don,” Angelo [Bruno] hated violence and valued negotiation and peace above all. – George Fresolone and Robert J. Wagman, Blood Oath The Mob’s main instrument for resolving disputes is …
By Ali Arif Introduction The Israeli-Palestinian Conflict is one of the longest running disputes in modern history. It is a very complex issue which can be traced back to ancient times. The issue can be analyzed from a geopolitical, religious, cultural, military, diplomatic as well as countless other angles. However, this paper will focus on …
Understanding just what the five strategies or methods of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process. This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs. The …