Arbitration and Mediation

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.

The Mediator's Handbook
by Jennifer Beer
Amazon Price: $16.47
Customer Review: This was used as a course textbook in an introductory ADR class, and I think it serves that purpose well. A great book for those new to ADR and mediation that clearly outlines the purpose and procedures of mediation. This text does not really discu...

The Promise of Mediation: The Transformative Approach to Conflict
by Robert A. Baruch Bush, Joseph P. Folger
Amazon Price: $36.00
Customer Review: This newly revised edition of The Promise of Mediation offers a wealth of new information on the priniciples of transformative conflict intervention. Many readers may not be aware that the revised edition actually contains almost entirely new materi...

Contracts in a Nutshell (In a Nutshell (West Publishing))
by Anthony M. Skrocki
Amazon Price: $25.20
Customer Review: I got this book halfway through the semester when I realized I didn't understand anything that was going on in my contracts class. It's easy to understand and very helpful. The sample questions at the back were really useful, too. I haven't gotten my...

Basic Skills for the New Mediator, Second Edition
by Allan H. Goodman
Amazon Price: $16.50
Customer Review: If you want to be a mediator, you will have to take an exhausting training in just about any jurisdiction. You will be required to take at least 40 hours of training. In fact, before beginning the training, my best advice for you is to get a copy of ...

Arbitrary Justice: The Power of the American Prosecutor
by Angela J. Davis
Amazon Price: $23.96
Customer Review: Professor Davis should be lauded for her ability to advocate. And were this book offered as a piece of advocacy, I would have offered it high praise.

In the interest of disclosure, I am a member of the prosecution that this book so de...


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Arbitration and Mediation News

• Mediation Is Scheduled For 2006 Mall Lawsuit El Defensor Chieftain
The lawsuit filed in 2006 by James Burleson and Veronica Chavez for the insurance payment following the M Mountain Mall fire is scheduled to go to mediation on Tuesday, May 20.
• News Categories Yemen Observer
The Executive Directors of World Bank confirmed that World Bank assistances to Yemen will be increased due to Yemen being one of the Banks priorities, they said during press conference held last Tuesday before their departure.
• National IR Push Hits A Hurdle In NSW The Australian
THE Rudd Government faces a fight with NSW Labor Minister John Della Bosca over plans to impose a national industrial relations system.
• Workers Strike At Chicken Farm Independent Online
Fawu spokesperson Dominique Swartz said the strike started on Tuesday after disputed wage negotiations.
• Workers Strike At Chicken Farm Cape Argus
Three hundred farm labourers were on strike at the Spif chicken farm in Mookgophong Naboomspruit in Limpopo, the Food and Allied workers Union Fawu said on Friday.