Discuss arbitration and mediation forms of Alternative Dispute Resolution (ADR)

1) What is the difference between mediation and arbitration?

– The difference between mediation and arbitration is the way the decision is made. With mediation, the two parties essentially meet half way to come to a mutual agreement. With arbitration, the arbitrator is the one who makes the final decision and determines who wins.

2) The video shows an attempt at negotiation. List three instances where the CEO is attempting to intimidate the attorney in this negotiation.

– The first instance that I notice is when he questions him right away about which college he attended. He insisted he was informed the attorney went to Harvard when the attorney is stating he went to Cornell. The second instance I notice is when he asks him, “What do you want?”. The attorney answers in a business like manner and the CEO responds by bringing up the unspoken rule of Harvard, which creates an intimidation towards the attorney considering he previously stated he attended Cornell. This, arguably, can be viewed as belittling and discrediting. The third instance I noticed is when the CEO is bragging about him selling his yacht and being on his yacht. This again, arguably, can be viewed as belittling and as if the CEO is intentionally trying to make a bold statement towards the attorney.

3) Share how you would respond to each of those three instances. What would you say or do?

– Personally, I would handle these instances by trying to steer the conversation back on track to the motive of this meeting which is ultimately negotiation and business. As an attorney, or any professional in the business industry, it is important to know that time is money. If I were the attorney in this situation I would respectfully bring the conversation back to my purpose for being there