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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:

What is an Arbitration Agreement?

Posted by & filed under Conflict Resolution.

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 

Real Leaders Negotiate to Meet Their Organization’s Goals

Posted by & filed under Leadership Skills.

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 

Are You Overlooking Mediation?

Posted by & filed under Daily, Mediation.

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