CHOOSING THE RIGHT CONFLICT RESOLUTION APPROACH: ARBITRATION VS MEDIATION

Abstract

This study examines the factors to consider when selecting the optimal dispute resolution process for either arbitration or mediation. A comprehensive literature review and conceptual analysis were conducted to understand the defining characteristics, applicabilities, and limitations of both approaches. A series of prior empirical studies evaluating attorney preferences, party satisfaction levels, and program outcomes were also reviewed. The results indicate mediation tends to produce higher satisfaction and perceptions of fairness among disputants compared to arbitration or litigation. However, mediator styles and intervention timing have an impact on mediation's effectiveness. Based on these findings, recommendations are provided to promote early use of mediation and grant parties more autonomy in selection. The research aims to guide organizations and legal professionals towards informed choices between conflict management options tailored appropriately to each dispute's intricacies