NMC501 CASE 4 submit to CE Case Mediation & Arbitration

NMC501 CASE 4 submit to CE

Module 4 – Case
Mediation & Arbitration
Assignment Overview
Mediation? Arbitration?
1 Don’t we have enough of each one by itself?
2 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. (2008). Compelling 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:
1 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.

Module 4 – Background
Mediation & Arbitration
Required Reading
Please review the following materials in this order and access via ProQuest where no link is provided:
Shachar, M. (2011). Conflict Resolution Management (CRM). Text Book. Chapter 5.
PowerPoint Presentation: Foundations of Conflict Resolution: Module 4
The American Arbitration Association. ADR Guides. Retrieved on May 12 from: http://www.adr.org
For your Case Assignment:
McLean, D. J., & Wilson, S. P. (2008). Compelling Mediation in the Context of Med-Arb Agreements. Dispute Resolution Journal. New York: Aug-Oct 2008. Vol. 63, Iss. 3; pg. 28.
Optional Reading
Peterson, R. M., & Lucas, G. H. (2001). Expanding the antecedent component of the traditional business negotiation model: Pre-negotiation literature review and planning-preparation propositions. Journal of Marketing Theory and Practice; Statesboro; Fall 2001

Module 4 – Outcomes
Mediation & Arbitration
Module
Outline and explain Conflict Resolution Management Approaches and their procedures: Third Party and Alternative Dispute Resolution (ADR) Methods.
Reflect upon and integrate course concepts.
Case
Explain the principles of mediation and arbitration.
Examine the advantages and benefits of using mediation and arbitration as a conflict resolution strategy.

Module 4 – Home
Mediation & Arbitration
Modular Learning Outcomes
Upon successful completion of this module, the student will be able to satisfy the following outcomes:
Case
Explain the principles of mediation and arbitration.
Examine the advantages and benefits of using mediation and arbitration as a conflict resolution strategy.
Module Overview
Mediation & Arbitration have gained in recent years a “front row seat” in the degree of importance and level of implementation in the field of conflict resolution strategies.
When the disputants, for whatever reason, cannot (or will not) resolve their differences by the unilateral or bilateral methods, but still wish to do so outside of the law courts of the land, they may utilize the services of a third party, or seek alternative dispute resolution (ADR) options.
In a nutshell:
2 Mediation involves an attempt by the parties to resolve their dispute with the aid of a neutral third party, the role of which is advisory.
3 Arbitration is the submission of a dispute to one or more impartial persons for a final and binding decision.
In this module we will delve into the principles and mechanics of mediation and arbitration and learn of their benefits in practicum.