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Hello Class, For this week's discussion we get to share our opinions again about what we would rather be faced with, arbitration or mediation. I'm
Hello Class, For this week's discussion we get to share our opinions again about what we would rather be faced with, arbitration or mediation. I'm a history and numbers guy so let's start there. Historically speaking I feel like I have sided with mediation over arbitration. That is because I desire to ensure the relationships can still exists after the ADR is resolved. From what we've learned in previous lessons, this would be the preferred choice if continued relationships are the desired outcome. If I was to go with the numbers from this week's lesson, it would appear there are more advantages to arbitration than there are in mediation. Since I now find myself torn, I guess it's time to look a little deeper into the positives and negatives of each. Whether the dispute is personal or professional in nature, I would like to keep the outcome private. If I am found at fault, the outside opinion of me could be tarnished which could have negative future consequences. I prefer to avoid conflict where possible so and do like have alternative options if I am not initially successful. I do appreciate how arbitration is commonly cheaper than court but could still cost more or less than mediation. In some situations, arbitration could be a better option since the arbitrators are interpreting the facts and how they relate to laws and legal restrictions. In the case of mediation, both parties are required to work together to obtain an outcome which may not be possibl
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