The Pros And Cons Of Arbitration

Arbitration is appropriate when two parties know they will be unable to resolve a dispute by negotiation or mediation. Identify the steps that must be taken if one person would rather go to court.

The first step will be determining if litigation is a possibility based on the organization’s contract agreement with the parties involved. If the contract has a clause that arbitration must be used to resolve conflicts, then litigation is not an option. If the parties are not under this type of clause, then the individual (now known as the plaintiff) that wants to take the issue to court will hire a lawyer and a complaint and summons are usually filed. The summons is a description of the complaint that is given to the defendant. This also advises the defendant of the date that they must answer the lawsuit. The defendant will generally hire their own lawyer then and each party will gather the information needed for court. Motions are filed by both parties through the court, this may be to request evidence or a

F. & McConnell, C. R., (n.d.). Human Resource Management in Health Care. Retrieved from https://www.betheluniversityonline.net

Stone, K.V. & Colvin, A. J., (2015, December 7). The arbitration epidemic. Retrieved from Economic Policy Institution: http://www.epi.org/publication/the-arbitration-epidemic/

Describe the differences between arbitration and mediation.

According to Britannica academic “arbitration is nonjudicial legal technique for resolving disputes by referring them to a neutral party for a binding decision, or “award” (Britannica Academic, 2017). Arbitration will reach a decision in which one of the parties “wins” so to say. Arbitration is more formal than mediation is and often involves more than one arbitrator. An arbitrator can enforce a solution in binding arbitration. Arbitrators are normally derived from the National Academy of Arbitrators in which these are based on experience and education (Fallon & McConnell,