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Quick Reference to Mediation, Arbitration, Divorce, Work Place Investigations and Alternative Dispute Resolution
Mediation - as used in law, is a form of alternative dispute resolution (ADR), is a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement. In some cases, mediators may express a view on what might be a fair or reasonable settlement, generally where all the parties agree that the mediator may do so.
Arbitration - Arbitration refers to a form of dispute resolution made by a nonbiased third party. Most of the time, this decision is binding. This form differs from mediation because the solution is given directly and is not in the hands of those within the dispute.
Divorce - is the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. In most countries divorce requires the sanction of a court or other authority in a legal process.
Alternative Dispute Resolution - includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation.
Hearing Officer - an official appointed by a government agency to conduct an investigation or administrative hearing so that the agency can exercise its statutory powers.
Mediation vs Arbitration Mediation and arbitration are generally contractually agreed upon substitutes for resolving disputes as opposed to resorting to a court to resolve it. The purpose and goals of mediation and arbitration, however, are quite different and often misunderstood. |
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One Mediation: Step-By-Step |
How to Prepare Before the session, parties should evaluate the strengths and weaknesses of their cases. Consideration should be given to providing information unknown to the other side beforehand or at the session if it would impact the other side's own assessment of the case. Logistically, parties should clear their schedules to minimize distractions to the session. |
If Resolution Is Reached If an agreement is reached, a document will be drafted that captures the facets of it prior to the parties' departure from the mediation session. When parties have legal counsel, this document may include an agreement for the attorneys to prepare a more formal document that incorporates the mediation document. |
Joint Sessions and Caucuses Usually the parties begin mediation together in a joint session led by the mediator. After an introduction by the mediator, each party often provides an opening statement about the dispute. Frequently, mediators then will move parties into separate rooms, and the mediator will "caucus" with each party. These caucuses facilitate the flow of information and offers between the parties to facilitate agreement. |
What to Expect Prior to most mediation sessions, the neutral may hold a telephone conference with each party. This call is an opportunity for the neutral to give the party an overview of the process and to receive a brief summary of the dispute. Dates, times and location of the mediation will be confirmed. It is part of preparation for the session. |
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