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Mediation and Arbitration (Essay Sample)


This requirement is 3 pages not including the reference. The reference page does not count in our essays.
Module 4 - Home
Modular Learning Outcomes
Upon successful completion of this module, the student will be able to satisfy the following outcomes:
• Case 
o Explain the principles of mediation and arbitration.
o Examine the advantages and benefits of using mediation and arbitration as a conflict resolution strategy.
• SLP 
o Examine the advantages and benefits of using mediation and arbitration as a conflict resolution strategy.
• Discussion 
o Discuss the qualities and attributes of the "Neutral."
Module Overview
Mediation & Arbitration have gained in recent years a "front row seat" in the degree of importance and level of implementation in the field of conflict resolution strategies.
When the disputants, for whatever reason, cannot (or will not) resolve their differences by the unilateral or bilateral methods, but still wish to do so outside of the law courts of the land, they may utilize the services of a third party, or seek alternative dispute resolution (ADR) options.
In a nutshell:
• Mediation involves an attempt by the parties to resolve their dispute with the aid of a neutral third party, the role of which is advisory.
• Arbitration is the submission of a dispute to one or more impartial persons for a final and binding decision.
In this module we will delve into the principles and mechanics of mediation and arbitration and learn of their benefits in practicum.
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Module 4 - Background
Required Reading
Please review the following materials in this order and access via ProQuest where no link is provided:
1. Shachar, M. (2011). Conflict Resolution Management (CRM). Text Book. Chapter 5.
2. PowerPoint Presentation: Foundations of Conflict Resolution: Module 4
3. The American Arbitration Association. ADR Guides. Retrieved on May 12 from: http://www(dot)adr(dot)org
4. For your Case Assignment:
McLean, D. J., & Wilson, S. P. (2008). Compelling Mediation in the Context of Med-Arb Agreements. Dispute Resolution Journal. New York: Aug-Oct 2008. Vol. 63, Iss. 3; pg. 28.
Optional Reading
Peterson, R. M., & Lucas, G. H. (2001). Expanding the antecedent component of the traditional business negotiation model: Pre-negotiation literature review and planning-preparation propositions. Journal of Marketing Theory and Practice; Statesboro; Fall 2001
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Module 4 - Case
Assignment Overview
Mediation? Arbitration?
• Don't we have enough of each one by itself?
• To make matters "worse," the following article sheds an interesting light on the combination of these two strategies, and the sequence between them.
Case Assignment
Please read (access via ProQuest):
McLean, D.J., & Wilson, S.P. (2008). Compelling Mediation in the Context of Med-Arb Agreements. Dispute Resolution Journal. New York: Aug-Oct 2008. Vol. 63, Iss. 3; pg. 28. Abstract: It is obvious to all who work in the alternative dispute resolution (ADR) field that the most important federal statute -- the Federal Arbitration Act (FAA) -- does not define its key term: "arbitration." A recent case, Advanced Bodycare v Thione, invited the 11th Circuit to explore which types of ADR processes are considered "arbitration" for purpose of the FAA. Under the 11th Circuit's narrow test, an agreement to mediate, as well as an agreement to mediate or arbitrate, falls outside of the scope of the FAA. There is a fundamental distinction between an ADR agreement that allows parties to either mediate or arbitrate disputes, and a classic med-arb agreement, which calls for mediation as a condition precedent to binding arbitration. While a med-arb agreement was not before the 11th Circuit in Thione, the authors caution against applying that court's reasoning to med-arb agreements..
After carefully reading through the background materials, and this article, please answer (in about 3 pages), the following question:
• How do the relative advantages of mediation and arbitration, create a synergy in a combined strategy of MED-ARB?
Assignment Expectations
1. Point out the advantages of each method, then
2. Focus on how when combined they create synergy.
3. Do not summarize the article, but input your insight as to the concepts of each method and their combination.
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11th August 2015.
In any arrangement of circumstances that includes managing individuals, there are issues of understanding and difference. In numerous associations, especially those managing open and private human services, there are various existing approaches and techniques that layout the greater part of the ways individuals need to act toward each other relying upon their part. In any case, since people vary in their methods for managing issues, responding to each other, and in especially very upsetting circumstances, there are times when formal approaches are basically insufficient to handle every individual circumstance.
At the point when circumstances emerge that are not satisfactorily unraveled by approaches and techniques, arbitration or mediation is generally called for, and an expert is frequently acquired. In arbitration, the grant is enforceable crosswise over global limits. Being a private procedure, secrecy is one of the elements that pull in numerous gatherings to utilize it. Mediation is frequently much quicker than case, and can be less lavish. What's more, the gatherings can pick their authority; in this way in a specific sort of question, a judge may be decided for their extraordinary aptitude and ability (McLean& Wilson, 2008).
The development of arbitration has happened mostly in light of certain deficiencies with neighborhood court frameworks. Somewhat on the grounds that local court frameworks basically don't give the adaptability and favorable circumstances to the parties gave by organized worldwide arbitration techniques. Arbitration is not just done by people from any walk of life but there are special characters that must be processed in order for one to be used as an arbitrator. First, one ought to have information of the laws of agreement, tort and proof .Secondly, one ought to comprehend and have the capacity to utilize the pertinent procedural law .Finally; one ought to have the capacity to assess the contention...
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