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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

 

 

 

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