The career cluster on which I chose to do my report is that of arbitrators, mediators, and conciliators. Individuals in these positions are facilitators of negotiation and conflict resolution through dialogue, and they are charged with the duty of resolving conflicts outside of court by achieving mutual agreement of all of the parties involved. Mediation is one of the forms of alternative dispute resolution meant to resolve any and all disputes between two parties with concrete effects. Mediators reduce the cost of the United States judicial system, making courts cheaper for both the state and the plethora of plaintiffs and defendants who bring cases into the court system. If a case is resolved before going to court through mediation, a considerable amount of time is also saved by all of the parties involved, including potential juries, judiciaries, and attorneys.
According to the U.S. News and World Report, the school with the best mediation program is the Pepperdine University School of Law, located in Malibu, California. The Pepperdine University School of Law is a member of the Global Justice program that works to further international human rights, religious freedom, global development, and the rule of law. This school also offers the opportunity for students to participate in legal journals and even obtain a Masters of Dispute Resolution. Mediators are only required to obtain a Bachelor’s degree, but several hours of additional training are required to become a certified mediator. In Virginia, there is no exact education requirement for a mediator, as is the case in many other states, and parties can choose any mediator. However, in order for a mediator to receive a court referral in a general district court, he or she must ...
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... is never to pick a “winner,” but to decide what is fair for both parties. As a mediator, I feel that I could reduce the burden of our judicial system and encourage disputants to agree with one another rather than force them into a situation deemed fair by the court, especially in civil cases.
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"Arbitrators, Mediators and Conciliators Careers - Job Description, Video Overview and Salary Information." U.S. News University Directory. N.p., n.d. Web. 11 Dec. 2013.
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Federal Mediation and Conciliation Services. (2013, November 29). In Federal Mediation and Conciliation Services, Collective Bargaining. Retrieved 11:08, November 29, 2013 from
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Ever since I can remember, I have always tried to negotiate for my family and friends during an argument or disagreement. I enjoy helping opposing sides of a quarrel come to an acceptable conclusion. Because of my mitigation abilities, many of my friends have suggested that they could see me becoming a lawyer when I grow up. However, I have little patience for all of the legal maneuvering and formalities found in a typical courtroom proceeding. I had all but dismissed this career path until I heard about the role of an arbitrator. Arbitrators function as a mediator between two parties that cannot come to an agreement about something but do not want to bring it to court. Since arbitrators typically do not carry out their hearings in a courtroom, they are usually more flexible and less strict than a typical court proceeding. After doing a little research, I decided that I wanted to become an arbitrator. My journey to become an arbitrator will be a very hard path to follow but will be very rewarding in the end. With this in mind, there will be many educational requirements that I will need to fulfill. Beyond obtaining a Bachelor’s or Master’s
Poitras, J. (2007). The Paradox of Accepting One's Share of Responsibility in Mediation. Negotiation Journal, 23(3), 267-282. Retrieved January 23, 2012, from ABI/INFORM Global. (Document ID: 1313496891).
Although functions of mediators and arbitrators have several characteristics in common, there are significant instrumental differences that make them distinct from one another. Firstly, whereas the arbitration process is similar to litigation in its adversarial nature, in which parties have the objective to win the dispute, the fundamental goal of mediation is to bring the disputants to settlement through compromise and cooperation without finding a guilty party. In arbitration, parties compete against each other in “win-lose” situation. During mediation, parties work on mutually acceptable conditions with the assistance of a facilitator. In this process, mediators do not have power to make decisions, they work to reconcile the competing needs and interests of involved parties. The mediator’s tasks are to assist disputants to identify, understand, and articulate their needs and interests to each other (Christopher W. Moore,
"Summary." U.S. Bureau of Labor Statistics. U.S. Bureau of Labor Statistics, n.d. Web. 03 Feb. 2014.
"Summary." U.S. Bureau of Labor Statistics. U.S. Bureau of Labor Statistics, n.d. Web. 09 Apr. 2014. . (5)
Mediation is a way to solve a dispute without having to resort to court procedure which sometimes could turned out to be rigid, formal and time consuming especially when it needed a lot of paperwork and the possibility of adjournment which could consume years. Besides that, unlike in court, mediator as a third impartial party did not acted as a judge who decides on the resolution however, the mediator will help the parties to explore the needs and issue which before preventing them from achieving a mutual resolution and settlement. The mediation process gave the authority towards the parties to agree with each other and open up the chance for the parties to meet with a resolution at the end of the mediation session.