What does a Mediator and Arbitrator do?
|Citation||Retrieved in 2017 from BLS.org|
An arbitrator and mediator often work in the legal services industry or in local and state governments attempting to resolve conflicts between opposing parties outside of the court system. An arbitrator and mediator’s ultimate goal is to encourage and facilitate negotiations and dialogue between conflicting parties with the goal of reaching acceptable agreements for both sides. However, here is the difference is between the two.
An arbitrator is a person or group appointed to settle a dispute outside of the court system. They will hear testimony from the individuals in dispute and make a decision. This process is less formal that going to court.
A mediator does not hear evidence or make a decision, they assist two disputing parties communicate and reach a settlement with one another.
How to Become a Mediator or Arbitrator
Educational requirements for arbitrators and mediators may vary because many have expertise in a particular field that they help settle disputes within. In some instances, a bachelor’s degree is sufficient in their field of knowledge. However, some may have advanced degrees in business administration or law. Colleges and universities may offer a 2-year master’s degree, certificate program, or doctoral degree in conflict resolution or dispute.
An arbitrator is most often a retired judge, business professional, or lawyer. Independent mediation programs, colleges, and local and national mediation membership organizations provide training that most states require before an applicant can practice in court-appointed or state-funded mediation cases. This usually means you would need to complete of 20-40 hours of training.
Job Description of a Mediator and Arbitrator
An arbitrator and mediator help parties settle disputes and reach mutual agreements through communication and dialog. They attempt to satisfy disputes by clarifying needs, issues, and concerns and would usually conduct meetings in the initial process. They clarify procedural issues like time requirements, fees, or witnesses. They would be responsible for setting up appointments, conducting interviews from witnesses or claimants, and reach conclusions through their knowledge of policy, law, and regulation.
An arbitrator and mediator listens carefully to both sides of the opposing parties and strives to settle disputes outside the court system. Mediators are neutral parties that help resolve disputes, however make no decisions. Arbitrators hear disputes and make impartial decisions.