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The mediator facilitates the process, but you and the other parties in the case make your own decisions about a resolution. The mediator improves communication between the parties, helps to clarify facts, identifies legal issues, explores options and helps you to arrive at a mutually acceptable resolution.
The Indian law does not lay down any specific qualifications for arbitrators. Every person who is of age and of sound mind can be appointed as an arbitrator. Arbitral institutions include in their panel a wide range of experts drawn from various professions, trade and business.
Aspiring arbitrators should expect to spend several years practicing law or working in a business, government agency or other organization. The amount of experience required varies widely. Applicants for arbitration rosters and panels could need anywhere from 5-15 years of related work experience.
Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. Arbitration is different from mediation because the neutral arbitrator has the authority to make a decision about the dispute.
Many Arbitrators, Mediators, and Conciliators positions require a degree appropriate to the applicant's field of expertise, and a bachelor's degree is often sufficient. Many other positions, however, may require applicants to have a law degree, a master's in business administration, or other advanced degree.
In general, to become a mediator, two activities are recommended: mediation specific training and gaining mediation experience. New Jersey does not require licensing or certification to become a mediator in private practice, although there are minimum requirements to gain admission to various mediation rosters.
The mediator assists and guides the parties toward their own resolution. The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution.
Civil mediation is a voluntary method of dispute resolution, which may enable you to settle a civil disagreement without a court trial. Mediation is a cooperative process in which parties work together to find a solution instead of working against each other.
Arbitrators must complete at least three classroom hours of initial training and at least two hours of continuing training in courses approved by the Administrative Office of the Courts. R. -12(c). A copy of the application form to become an arbitrator appears in the Appendix.