Question:
Discuss about the Alternative Dispute Resolution.
Answer:
Arbitration
Arbitration is an alternative method of dispute resolution for parties who prefer out of court settlement. Arbitrators can be referred to as legal specialists or mediators. The qualifications to become an arbitrator differ from one state to another. However, some basic steps can help one qualify as an arbitrator.
1) Jack and Jill are parties to a dispute and its policy that all civil cases are considered appropriate for referral to mediation. The court can consider the given facts and refer the case to mediation; while also considering the likelihood of settlement by mediation. Clearly the issue by Jack and Jill can be settled through mediation. Any court, by motion of any parties to a dispute, or by its own motion can refer a case to mediation. A court will enter an order which will direct both parties to mediation. When a party apples for mediation they ought to give notice to the other parties in the case. When the court enters orders for mediation all parties should be present n court and reject any motions. When the orders are given, the parties should agree on time and place of mediation. If any party does not attend such hearings they will be charged with contempt of court.
2) In Florida, mediators are required to be members of the Florida bar, unless where parties have agreed otherwise. The Chief mediator is required to have been practiced as a member of the bar for at least five years. For a person to be a mediator, they are also required to attend four hours of training on programs which are approved by Florida Courts. Accordingly, for qualification to be a mediator, a person needs to complete 20 hours of training. If a person has practiced as a trial judge in Florida, they will be exempt from such training upon production of such certificate of practice. The qualifications also require that a person who wants to be a mediator observes a minimum of four court conferences under the supervision of a mediator who is certified by the court. A person is also required to be of good moral character (Statsky 325).
3)When the court orders mediation, both parties have an obligation to agree on the time and date. If one party finds it difficult to attend such sessions, it’s upon the attorneys to the parties to communicate and reschedule the mediation sessions. Such rescheduling can show commitment and good faith in the mediation sessions.
If a party does not show up to mediation sessions, they can be charged with contempt of court. Such contempt charge should be imposed if a person lacks a valid explanation as to why they failed to attend the mediation sessions. It is the role of the mediator to advise the court regarding the failure of any parties to attend mediation sessions. The mediator can also advise the court on the course of action or to impose necessary sanctions to the party who is in contempt. If a person fails to attend without excuse, the attorney will be required to present reasons for disobedience of the court order. If a judge finds a party willfully disobeyed the court orders, such a person could be fined or face a jail term. Most of the cases, an attorney will advise the party in contempt to attend the mediation sessions (Crawford 81-83).
4) Mediation proceedings take place to ensure that parties reach an agreement outside of the court. However, an agreement is not always reached. If parties to an agreement do not reach an amicable solution, the parties can always take their case to court. Mediation does not interfere with the due process rights of a person and parties retain the right to litigate. Also sometimes, at the end of mediation, parties may have clarity on some issues which can make the court process easier. Depending on the occurrence of events, the mediator will adequately advise on the course of action if an agreement Is not reached. Notably, if parties discover certain things in the process of mediation, such information will not be used in court. The parties will start a fresh, the process of litigations.
Works Cited
CRAWFORD, L. L. (2004). Florida real estate principles, practices & law. Chicago, IL, Real Estate Education Co.
Statsky, William P, Robert N. Diotalevi, and Pamela Linquist. The Florida Paralegal: Essential Rules, Documents, and Resources. Clifton Park, NY: Delmar Cengage Learning, 2010. Print.
