Mediation

Mediation: An alternative dispute resolution process.

When parties need assistance in resolving disputes, there are various options from which to choose. Arbitration and litigation are traditional forms of dispute resolution processes commonly used by parties seeking redress.

However, when disputes arise, the choice of process may be the most important decision for the appropriate, effective and efficient resolution of a case. Depending on the dispute and what the parties involved want, it may be useful to ask the following questions about which process is appropriate and why:

• Who decides the outcome of the dispute?
• Who controls the process of the dispute?
• Is the process formal or informal?
• How much time is required to resolve a dispute formally or informally?
• What is the financial cost of a formal or informal process?
• When resolving a dispute does it matter if the process only deals with objective factors?
• Is it important that the process chosen deals with both the objective and subjective factors?
• Is it important that a process is focused on the future or oriented toward the past when resolving a dispute?
• Is the process public or confidential?

Distinctions and Uses of Arbitration, Litigation, and Mediation:

Arbitration

Arbitration involves the intervention of a third party (arbiter) who has the power to make a decision. The process is formal. The decision made by the arbiter can either be binding or non-binding. Binding arbitration can be subject to appeal on limited grounds.

The time involved regarding the process can be moderate to lengthy. The cost can be moderate to expensive. Arbitration as a formal process addresses only the objective/factual elements and focuses on the past aspects of the dispute. The process is public. The decision made by the arbiter if contested, may or may not be appealed.

Litigation

Litigation is a court system of formalized rules. Decisions are made by a judge or jury. Decisions, if contested, can be appealed. Attorneys or representatives control the process. The time involved in the process can be lengthy and the cost expensive.

Litigation as a formal process addresses only the objective elements and focuses on the past aspects of the dispute. The process is public and the outcome or decision places one party as winning and the other as losing.

Mediation

Mediation is a confidential and voluntary process providing parties an informal opportunity to resolve or learn how to effectively manage disputes. Disputes are resolved in a timely manner. The cost of mediation can range from free to a moderate fee for service. However, mediation services through the Campus Mediation Program are free. Mediation works because the process:

• Encourages parties to collaborate and find common ground.
• Acknowledges and responds to both the objective and subjective factors of a dispute.
• Focuses on the underlying interests of the parties.
• Focuses on both the future and the past.
• Equalizes power differentials.
• Facilitates creative solutions and agreements acceptable by all parties.
• Places the responsibility on the parties to decide the outcome.