Comparison between negotiation mediation and arbitration

Document Type:Essay

Subject Area:Law

Document 1

In this case, it may be recommended that the case be settled outside the court in order to find an amicable solution and a better and favorable ay of compensation. In particular, negotiation refers to the process where the parties involved discuss and agree on the issues. Mediation is the process through which a mediator listens to both sides and witnesses the agreement phase. On the other hand, arbitration is the involvement of a third party to make a ruling. Since the three aspects involve the efforts towards solving the conflicts, they have a number of similarities. Thus, there is no involvement of the third party. Each of the parties is expected to consult or to seek the services of a lawyer before the matter can be settled upon.

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This enables them to be aware of their rights and their duties in the dispute that they are about to resolve (Goldberg, Sander, Rogers, & Cole, 2014). As indicated by Goltsman, Horner, Pavlov, and Squintani (2007), in the case of the mediation process, the mediator takes the parties through a negotiation process. The major difference lies in the fact that there is the presence of a third party who is neutral in this case. This is different from the arbitration process where the arbitrator listens to the evidence that is provided and gives a decision on it. Unlike the other two, it is quite similar to the court process as the parties involve give their different evidences and the testimonies in the same way as they would in a normal trial.

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The only difference is that it takes place in a less formal environment. Due to the differences that are experienced in the three forms of dispute resolution, a number of advantages and disadvantages are associated with each. For instance, while the negotiation process is easy to handle, private and less expensive, it does not have a written agreement to be followed. In this case, they can discuss the issue and see where the misconception lies after which each of them can adjust accordingly. This is different from the case where there is a family dispute over land that is left for several members in a will. In this case, mediation will be the best approach as the parties cannot meet and agree.

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