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Hello Everyone, Alternative dispute resolutions such as mediation and arbitration require clear communication. Meditation is a collaborative process, where two parties aim to find mutually
Hello Everyone, Alternative dispute resolutions such as mediation and arbitration require clear communication. Meditation is a collaborative process, where two parties aim to find mutually acceptable resolutions to a dispute. Attorneys may use vocal techniques such as changing their voice tone, emphasizing words, or convey energy. They also may use active listening techniques such as focusing on the clients words, and empathizing. Depending on the circumstances the verbal communication techniques of attorneys may shift in order to accurately reflect the needs of the case. Parties will likely be informed that listening is critical in mediation, and they should creatively think of solutions to the problem (Hobbs, 199). However, mediation is collaborative and encourages open dialogue. Agreements reached in mediation are nonbinding until submitted to court. Arbitration on the other hand involves presenting cases to an arbitrator, who then makes a binding decision that can be presented in court. Communication in this setting is formal, and has structured procedures. The arbitrator's decision is legally binding
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