Many negotiation researchers debating the merits of mediation vs arbitration wonder why alternative dispute resolution mechanisms are not more popular than they currently are. … Read More
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arbitration and mediation
Arbitration and mediation are the two most commonly used alternative dispute resolution processes and both involve skills that are separate from those employed by a litigator. Arbitrators seek to make an equitable and fair determination after a hearing of both sides’ arguments whereas a mediator seeks to guide negotiations toward a collaborative conclusion.
The following items are tagged arbitration and mediation
If you have ever owned a cell phone or been issued a credit card, odds are you’ve signed an arbitration agreement. You also may have signed an arbitration agreement when you started your current job or a past one, whether you remember doing so or not. … Read More
Imagine a typical leader, and you might think of someone who is bold, decisive, visionary, assertive, and charismatic. Now think about the kinds of actions that such a leader might regularly engage in. Delegating, making top-down decisions, and otherwise exerting one’s power might immediately come to mind. A behavior that’s not typically at the top of … Read More
Adapted from “Why Aren’t Mediation and Arbitration More Popular?” First published in the Negotiation newsletter. Many scholars have noted that the business community would greatly benefit from third-party dispute resolution services. The problem is, there isn’t much demand for mediation or arbitration. If the alternative dispute resolution field has in fact built a better mousetrap, why … Read More