|
Mediation
is ...
...
a very old (thousands of years) form of dispute resolution
...
practiced around the world
...
increasing in popularity, because of...
...
congestion and delays in the courts
...
reduced stress, cost, and damaged relationships
Mediation
compared to other ways of resolving disputes:
| |
Avoid |
Negotiate |
Mediate |
Arbitrate |
Litigate
|
| Who
determines the outcome? |
Chance |
Parties |
Parties |
Arbitrator |
Judge/Jury |
| Who
controls the process? |
No
one |
Parties |
Mediator |
Arbitrator |
Judge |
| Likely
effect on relationship? |
Worsens |
Good/Better |
Good/Better |
Bad |
Bad |
| Can
lawyers be involved? |
No |
Yes |
Yes |
Yes |
Yes |
| Must
lawyers be involved? |
No |
No |
No |
No |
Yes |
| Is
there a neutral party to help? |
No |
No |
Yes |
Yes |
Yes |
| Who
selects the neutral helper? |
N/A |
N/A |
Parties |
Parties |
Government |
| Is
it a private or public process? |
N/A |
Private |
Private |
Private |
Public |
| Is
it voluntary? |
Yes |
Yes |
Yes |
Yes |
No |
| Is
it formal? |
N/A |
No |
No |
Yes |
Yes |
| Are
there a lot of rules? |
No |
No |
No |
Yes |
Yes |
| Is
a decision assured? |
No |
No |
No |
Yes |
Yes |
| Must
both sides agree with any decision? |
N/A |
Yes |
Yes |
No |
No |
| Usual
cost? |
High
later |
Low |
Low |
High |
High |
|
