Using Mediation or Arbitration to Resolve Disputes: The Pros and Cons

Description

Speaker:  Betsy Ramos, Esq.

Using Mediation or Arbitration to Resolve Disputes:  The Pros and Cons

This presentation will consider the important distinction between mediation and arbitration and the pros and cons of each type of dispute resolution.  Along the way, the following questions will be considered:  Under what circumstances is it best to do a voluntary mediation? What are the expenses involved? What are the pros and cons of doing a mediation by zoom or in person? Who needs to attend a mediation to give it the best chance of success in settling the dispute?

In addition, the New Jersey court’s mandatory arbitration program will be explained and participants will learn the process for rejecting an arbitration award and requesting a trial.

Last but not least, we will discuss several tips on how to negotiate a favorable resolution in both mediation and arbitration.

Learning objectives

Participants will:

1. understand the different types of dispute resolution proceedings—mediation versus arbitration and the pros and cons for each.
2. understand the New Jersey court’s mandatory arbitration program, what types of cases are arbitrated, and how an award can either be rejected or confirmed.
3. identify who should attend voluntary mediation to resolve disputes; when it is best to engage in voluntary mediation; and where to conduct voluntary mediation.