Mediation and Arbitration

Paper Summary:

Summarizes and compares essential features. Purpose of removing civil cases from the courts. Pre-dispute agreement to arbitrate (PDAA). Burden of persuasion. Usefulness in resolving civil disputes in the United States. Negotiation, litigation, adversial litigation. Binding and non-binding arbitration and mediation. Private arbitration. Court-annexed arbitration. Cites laws, statutes and cases.

From the Paper:

"This research paper summarizes and compares the salient features of mediation and arbitration and comments on their relative utility in resolving American civil disputes.
Overview and comparison
When a civil dispute arises between different members of society, it may be resolved in a variety of ways. In negotiations, the parties resolve their dispute directly without the intervention of third parties. They may invoke the power of the state by initiating litigation in the civil courts. Since the 1970s, the use of various forms of alternative dispute resolution (ADR) techniques, principally arbitration and mediation, has greatly expanded. This growth has been fueled by a broadly held consensus that adversarial litigation suffers from severe..."

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