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Arbitrators, Mediators, and Conciliators CareerSearch.com

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Uploaded by on Jul 23, 2009

Career Search Some people work as arbitrators, mediators, or conciliators instead of as judges or magistrates. They assist with alternative dispute resolution—processes used to settle disputes outside of court. All hearings are private and confidential, and the processes are less formal than a court trial. If no settlement is reached, no statements made during the proceedings are admissible as evidence in any subsequent litigation. There are two types of arbitration—compulsory and voluntary. During compulsory arbitration, opposing parties submit their dispute to one or more impartial persons, called arbitrators, for a final and nonbinding decision. Either party may reject the ruling and request a trial in court. Voluntary arbitration is a process in which opposing parties choose one or more arbitrators to hear their dispute and submit a final, binding decision. Arbitrators usually are attorneys or business people with expertise in a particular field. The parties identify, in advance, the issues to be resolved by arbitration, the scope of the relief to be awarded, and many of the procedural aspects of the process. Mediators are neutral parties who help people to resolve their disputes outside of court. People often use mediators when they wish to preserve their relationship. A mediator may offer suggestions, but resolution of the dispute rests with the parties themselves. Mediation proceedings also are confidential and private. If the parties are unable to reach a settlement, they are free to pursue other options. The parties usually decide in advance how they will share the cost of mediation. However, many mediators volunteer their services, or they may be court staff. Courts ask that mediators provide their services at the lowest possible rate and that parties split the cost. Conciliation, or facilitation, is similar to mediation. The Work Environment. Arbitrators, mediators, and conciliators usually work in private offices or meeting rooms; no public record is made of the proceedings. Arbitrators, mediators, and conciliators often travel to a site chosen for negotiations, but some work from their home. Arbitrators, mediators, and conciliators usually work a standard 35- to 40-hour week. However, longer hours might be necessary when contract agreements are being prepared and negotiated.Arbitrators, mediators, and conciliators usually work in private offices or meeting rooms; no public record is made of the proceedings. Arbitrators, mediators, and conciliators often travel to a site chosen for negotiations, but some work from their home. Arbitrators, mediators, and conciliators usually work a standard 35- to 40-hour week. CareerSearch.com

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