PROCESS |
MEDIATION |
ARBITRATION & LITIGATION |
Decision making |
Voluntary |
Compulsory |
Who decides |
The parties |
Arbitrator or Judge |
Who controls |
The Parties |
Attorneys or representative |
Procedure |
Informal |
Less Formal or Formal |
Time required |
1 to 2 Months |
6 Months to 3 years or more |
Cost |
$250 - $1500 |
$3, 000 - $5,000 or more |
Concerns |
Subjective & Personal |
Objective & Impersonal |
Subject matter |
Relations & Communication |
Law & Collective Bargaining Agreement |
Focus |
Future |
Past |
Rules of evidence |
None |
Informal or Technical |
Publicity |
Confidential |
Public |
Relationships of parties |
Cooperative |
Antagonistic |
Method of Negotiation |
Compromise |
Hard Bargaining |
Communication |
Improved |
Blocked |
Production of evidence |
Voluntary |
Mandatory |
Result |
Win / Win |
Win / Lose |
Compliance with agreement |
Generally Honored |
Often Resisted or Appealed |
Relationship afterward |
Cooperative |
Hostile |
Emotional result |
Release of Tension |
Tension Persists |
Organizational result |
Increased Productivity Improved Morale |
Decreased Productivity Lowered Morale |