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Alternative Dispute Resolution: Mediation and Arbitration

Learn about settling disputes without courts, the role of mediators and arbitrators, advantages and disadvantages of mediation and arbitration, and the differences in jurisdiction.

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Alternative Dispute Resolution: Mediation and Arbitration

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  1. What You’ll Learn • How disputes can be settled without the courts

  2. Pg 35 • What does a mediator do? • List some people from your life who play a role as a mediator for you.

  3. Dispute Resolution Mediation Independent third party (mediator) Assists parties Agreement is non binding

  4. Advantages Disputes settled quickly Agreement reached by mutual consent Less formal setting Mediator is selected by the parties • Mediation • Disadvantages • Mediator could charge $ • Only helps make the decision • May be less likely to reach a settlement without a deadline.

  5. Mediation • Not bindign • Arbitration • binding • Think of a person in your life who acts like a mediator.(not binding) • Think of a person in your life who acts as an arbitrator.(binding)

  6. Dispute Resolution Arbitration Impartial third party (arbitrator) Makes decision Agreement is legally binding Informal hearing

  7. Advantages Avoid difficulties of a court trial. Avoid delays of a court trial Arbitration • Disadvantages • Unpredictable result • Must decide case using rules provided by the parties even if they are unfair. • Can be as expensive as litigation.

  8. Section 2.1Assessment Reviewing What You Learned • What are the differences among original, appellate, limited and general jurisdiction?

  9. Section 2.1Assessment Reviewing What You Learned Answer Original: district courts have authority to try a case the first time it is heard.

  10. Section 2.1Assessment Reviewing What You Learned Answer Appellate: any party to a suit decided in a federal district court may appeal the decision to the federal court of appeals in the circuit where the case was tried.

  11. Section 2.1Assessment Reviewing What You Learned Answer Limited: local courts have jurisdiction only in minor matters such as misdemeanors and civil actions involving small amounts of money.

  12. Section 2.1Assessment Reviewing What You Learned Answer General: general trial courts handle the major civil and criminal cases in each state.

  13. ARBITRATION

  14. ARBITRATION

  15. ARBITRATION

  16. ARBITRATION

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