Share
Explore BrainMass

Evaluation and Mediation

1. What is the basic difference between adjudication and nonbinding evaluation? 250 words at a minimum.

2. What is the goal of mediation? What are the advantages and disadvantages of this process? 250 words at a minimum.

These are discussion questions. Thank you.

Solution Preview

Let's take a closer look.

RESPONSE:

1. What is the basic difference between adjudication and nonbinding evaluation?

In an adjudication evaluation process the facts are examined in a disagreement and rendering a decision. To adjudicate a decision follows, which is when a judge hears and decides a case. At this hearing, the "the standard of proof is the same as in a criminal trial - beyond a reasonable doubt." The court can decide that adjudication withheld (http://www.educatetomorrow.org/clientuploads/pdf/del_glossary.pdf). On the other hand, binding arbitration" involves the presentation of a dispute to an impartial or neutral individual (arbitrator) or panel (arbitration panel) for issuance of a binding decision." If not arranged otherwise, the parties often can choose the arbitrators. There is a common understanding by the parties that "they will be bound by the opinion of the decision maker rather than simply be obligated to "consider" an opinion or recommendation." Generally, with this method, "the third party's decision generally has the force of law but does not set a legal precedent. It is ...

Solution Summary

Discusses the basic difference between adjudication and nonbinding evaluation. it also explores the goal of mediation, as well as the advantages and disadvantages of this process. References are provided.

$2.19