Effectiveness of Mediation and Arbitration as Alternative Dispute Resolution Methods in Mexico

Abstract

Purpose: To aim of the study was to analyze effectiveness of mediation and arbitration as alternative dispute resolution methods

Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries.

Findings: Mediation and arbitration offer efficient, cost-effective alternatives to litigation. Mediation involves facilitated negotiation sessions with a neutral mediator, fostering open communication and tailored solutions. Arbitration entails submitting disputes to a neutral arbitrator for a binding decision. Both methods ensure confidentiality, expertise, and enforceability, making them highly effective in resolving disputes outside of court.

Unique Contribution to Theory, Practice and Policy: Theory of social exchange, justice theory & game theory may be used to anchor future studies on effectiveness of mediation and arbitration as alternative dispute resolution methods. Practitioners in the field of alternative dispute resolution should prioritize enhancing their skills and competencies to effectively facilitate mediation and arbitration processes. Policymakers should prioritize the promotion of mediation and arbitration as viable alternatives to traditional litigation within legal frameworks and regulatory environments.