Arbitration and Mediation

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Facts - Books - News    U.S. Facts Of Law:


Arbitration and Mediation

Arbitration

Arbitration is a method of legal dispute resolution involving the use of an arbitrator to hear the points of an issue from both parties and determine a binding decision.  The arbitrator is a neutral party similar to a judge who is trained and experienced in resolving disputes of a specific type.

Arbitration is normally used when an agreement has previously been entered into by the parties involved to accept binding arbitration in the event of a dispute.  Arbitration may also be used in labor disputes relating to grievances and collective bargaining agreement disagreements.  Arbitration can save both parties much of the expense of trial litigation, move faster than a congested court docket and allow the arbitrator much flexibility in resolving the issues.

Mediation

Mediation provides a method where two parties can enlist the services of an impartial mediator to help them reach an amicable agreement on a matter.  The mediator is usually a professional in the field concerning the subject matter and offers both parties an impartially researched opinion and advice concerning their common interest and the structure and content of the agreement.

Mediation is commonly used in disputes between countries, states, corporations or other entities where strict application of legal precedent is lacking or not applicable.  This can include issues concerning commerce, borders, treaties and war.  Mediation is also useful in domestic matters such as marriage agreements or prenuptial agreements.

 

Arbitration and Mediation Best Sellers from Amazon.com

Contracts in a Nutshell (In a Nutshell (West Publishing))
by Anthony M. Skrocki
Amazon Price: $28.22
Customer Review: This is the only supplement I used for assignments besides the rules. However for outlining it is useful, but Emanuel fares better. As with any Nutshell book, coverage is spotty at times, but the quick and easy understanding is all that is needed b...
 
Beyond Winning: Negotiating to Create Value in Deals and Disputes
by Robert H. Mnookin, Scott R. Peppet, Andrew S. Tulumello
Amazon Price: $16.32
Customer Review: A textbook for the Harvard Negotiation Project. This book is for too much for the average joe. It is more for people who must negotiate for a living - that's a lot of us. It is "Getting To Yes" writ large. Where the ground breaking "Getting To Yes" c...
 
The Little Book of Circle Processes : A New/Old Approach to Peacemaking (The ...
by Kay Pranis
Amazon Price: $4.95
Customer Review: The Little Book of Circle Processes takes on a most importanat strategy for dealing with conflict - whether in the family or in the community. And it does it very well in the limited space of this book.
 
Basic Skills for the New Mediator, Second Edition
by Allan H. Goodman
Amazon Price: $16.50
Customer Review: The English in this book is plain. The arrangement in Q&A form eliminates troubles to look for an immediate solution by digging in textbooks which are in traditional format. It is a very useful tool not only for a new mediator but a veteran!
 
The Mediator's Handbook
by Jennifer E. Beer, Eileen Stief
Amazon Price: $18.21
Customer Review: The Mediator's Handbook is easy to read, wonderfully specific, and well organized. Of all the books on mediation I consulted, this is by far the most practical and user-friendly. Not didactic, not stuffy, it contains useful forms and examples for any...
 

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Arbitration and Mediation News
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Arbitration Vs Court Litigation Montreal Gazette
Arbitration vs court litigationMontreal GazetteWhat is the difference between arbitration and mediation Mediation has some parallels with arbitration. Both processes involve two or more parties turning and more raquo

Nigeria: Case Glut And The ADR Option AllAfrica.com
Nigeria: Case Glut And the ADR OptionAllAfrica.comIn a paper titled quotAlternative Dispute Resolution Negotiation, Mediation and Arbitrationquot delivered at the Nigeria Law School, Nwosu explains that quotADR

A Comparison Between Arbitration And Mediation JD Supra Press Release
A Comparison between Arbitration and MediationJD Supra press releaseSUMMARY: Historically, legal disputes have been resolved either by litigation or by arbitration. Mediation a form of ADR is a new way to settle commercial

DJ South African Union To Meet Implats On Pay Dispute Monday Trading Markets...
Times LIVEDJ South African Union To Meet Implats On Pay Dispute MondayTrading Markets press release planned for Monday and have approved a meeting with the company and the Commission for Conciliation, Mediation and Arbitration, the union said Thursday. NUM says Implats strike on hold for nowTimes LIVES.Africa union, Impala Platinum to meet for wage talksReuters AfricaNUM suspends strike actionCitizenall 15 news articles raquo

Business People: Certilman Admitted To Fellowship Ct Post
Business People: Certilman admitted to fellowshipCt PostCertilman, an author and trainer in arbitration and mediation, is chairman of the board of trustees of the Chartered Institute of Arbitrators of London. and more raquo

 

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