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Mediation & Arbitration Assignment Overview Mediation? Arbitration? Don't we have enough of each one by itself? To make matters "worse," the following article sheds an interesting light on the...

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Mediation & Arbitration

Assignment Overview

Mediation? Arbitration?

  • Don't we have enough of each one by itself?
  • To make matters "worse," the following article sheds an interesting light on the combination of these two strategies, and the sequence between them.

Case Assignment

Please read (access via ProQuest):

McLean, D.J., & Wilson, S.P XXXXXXXXXXCompelling Mediation in the Context of Med-Arb Agreements. Dispute Resolution Journal. New York: Aug-Oct 2008. Vol. 63, Iss. 3; pg. 28. Abstract: It is obvious to all who work in the alternative dispute resolution (ADR) field that the most important federal statute -- the Federal Arbitration Act (FAA) -- does not define its key term: "arbitration." A recent case, Advanced Bodycare v Thione, invited the 11th Circuit to explore which types of ADR processes are considered "arbitration" for purpose of the FAA. Under the 11th Circuit's narrow test, an agreement to mediate, as well as an agreement to mediate or arbitrate, falls outside of the scope of the FAA. There is a fundamental distinction between an ADR agreement that allows parties to either mediate or arbitrate disputes, and a classic med-arb agreement, which calls for mediation as a condition precedent to binding arbitration. While a med-arb agreement was not before the 11th Circuit in Thione, the authors caution against applying that court's reasoning to med-arb agreements..

After carefully reading through the background materials, and this article, please answer (in about 3 pages), the following question:

  • How do the relative advantages of mediation and arbitration, create a synergy in a combined strategy of MED-ARB?

Assignment Expectations

  1. Point out the advantages of each method, then
  2. Focus on how when combined they create synergy.
  3. Do not summarize the article, but input your insight as to the concepts of each method and their combination.

I need 3 pages, APA, 3-4 in-text citations, 3-4 references

Answered Same Day Apr 07, 2020 Swinburne University of Technology


Ankita answered on Apr 09 2020
138 Votes
MEdiation and a
Table of Contents
Introduction: Mediation and A
itration    2
Scope    2
Technique Used    3
Absolution    4
References    4
Introduction: Mediation and A
On an alternate note, many us just think about the court framework and its part in the conveyance of equity and settlements. There are, whether you didn't have a clue, different methods for settling debate that are similarly as powerful as the courts. What's more, honestly, they are less exo
itant, and choices can be made in a shorter timeframe. We should include that depending what the technique for inclination utilized, the result can and may change.
It is clear to all who work in the elective question determination field that the most imperative government statute - the Federal A
itration Act does not characterize its key term: "discretion." One motivation behind why numerous don't comprehend the word when it is raised in discussions. A cu
ent case, Advanced Bodycare versus Thione, welcomed the eleventh Circuit to investigate which kinds of elective question determination forms are considered "assertion" for motivation behind the Federal A
itration Act. Under the eleventh Circuit's tight test, a consent to intercede, and also a consent to intervene or mediate, falls outside of the extent of the Federal A
itration Act. There is a crucial refinement between elective question determination understanding that enables gatherings to either intercede or referee question, and an exemplary med-a
assertion, which calls for intercession as a condition point of reference to restricting intervention.
Call attention to the upsides of every strategy, at that point Focus on how when consolidated make SYNERGY. For those of you in the lawful framework, trying legal advisors and what have...

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