Módulo 2: Métodos alternativos de resolución de disputas - Arbitraje | es - 941 - 61057
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Arbitraje

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  • Apuntes
  • Revisión por tema
    Uwala Esther M.
    NG
    Uwala Esther M.

    mediation a method of alternative dispute resolution whereby parties work to for a mutually acceptable agreement .The parties not the neutral third party decide the dispute .If parties don't settle they may decide to pursue another form of ADR or choose to litigate their claims in court. In mediation the parties participate like in negotiation, it is voluntary, consensual and seeks a win-win outcome for the parties. mediation is confidential ,faster than litigation and less expensive. In mediation a third party neutral ,a mediator is crucial to the mediation process .The mediator act as intermediaries, go between for the parties seeking to facilitate agreement. The mediator help the parties to discover common goals and objectives, set aside issues that are not relevant and facilitate an agreement which parties enter into voluntarily. The disputants choose their mediator , before the mediation starts parties sign a mediation agreement and confidentiality agreement. The mediator mention the ground rules after he must have explained the mediation process to the parties. Theres an opening statement by the mediator ,parties introduce themselves. The mediation can take the for of a face to face communication or indirect communication. The mediator may suggest options for resolution of the dispute or suggest alternatives not previously considered by the disputants. mediation most time is used by disputants who cannot negotiate with each other but who could reach a mutually beneficial or acceptable agreement with the assistant of a neutral party mediator mediation is used in disputes between employer employee, Landlord and tenant disputes ,contract disputes ,between business and business ,business and consumers like hospitality and sports. the parties may retain the services of an attorney ,Mediation advocate Agreements reaches=d in mediation is usually not binding unless it is taken to court before an ADR judge and entered as a consent judgement then it becomes binding. The parties can also immediately after the resolution enter into legally binding contract that embodies the terms of the agreement resolution reached on successful conclusion of mediation The parties can decide to use other methods of alternative dispute resolution or litigation to follow up their dispute.

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