How do you evaluate the outcome and satisfaction of mediation vs arbitration in negotiation?

1 What is mediation?

Mediation is a process where a neutral third party, called a mediator, helps the disputing parties to communicate and reach a voluntary agreement. The mediator does not impose a solution, but rather facilitates the dialogue and assists the parties in finding common ground. Mediation is often preferred for its flexibility, confidentiality, and low cost.

2 What is arbitration?

Arbitration is a process where a neutral third party, called an arbitrator, hears the arguments and evidence of the disputing parties and makes a binding decision. The arbitrator acts as a judge, and the parties agree to abide by the outcome. Arbitration is often chosen for its speed, finality, and expertise.

3 How to choose between mediation and arbitration?

When deciding between mediation and arbitration, there are several factors to consider, such as the nature of the conflict, the relationship between the parties, the legal implications, and the desired outcome. Questions to ask yourself include: do you want to maintain or improve the relationship with the other party? Do you want to have control over the process and the outcome? Do you want to preserve confidentiality and avoid publicity? Do you want to avoid litigation and court fees? Do you want to have a quick and simple resolution? Do you want to have an expert opinion on the matter? Depending on your answers, you may prefer one method over the other, or you may opt for a hybrid approach, such as med-arb, which involves attempting mediation first and then proceeding to arbitration if an agreement cannot be reached.

4 How to evaluate the outcome of mediation and arbitration?

When evaluating the outcome of mediation and arbitration, you should consider criteria such as the fairness and legitimacy of the process and decision, the compliance and enforcement of the agreement or award, the efficiency and cost-effectiveness of the method, the satisfaction and trust of the parties, and the impact and consequences of the outcome on the parties and stakeholders. To assess these criteria, you may use various tools, such as surveys, interviews, feedback forms, or performance indicators.

5 How to improve your satisfaction with mediation and arbitration?

Your satisfaction with mediation and arbitration may depend on several factors, such as your expectations, goals, interests, emotions, and perceptions. To improve your satisfaction, it is important to prepare well for the process and the outcome, communicate clearly and respectfully with the other party and the mediator or arbitrator, focus on the underlying needs and interests, not the positions and demands, be flexible and creative in generating and evaluating options, seek win-win solutions that benefit both parties, and accept the outcome as a reasonable and fair compromise. Mediation and arbitration are both valuable methods of resolving disputes in negotiation, but they have different strengths and weaknesses. By understanding the differences and similarities between them, and by evaluating the outcome and satisfaction of each one, you can make informed and effective choices for your negotiation strategy.