Fact Pattern 3-2
Sally tells you that she is in a dispute with her employer regarding whether in denying Sally a promotion she wanted, the employer committed sex discrimination. Sally says that she has heard about both mediation and arbitration and asks you which would result in a quicker judgment in her favor because she does not particularly want to go to the time and expense of a court action. Sally also asks if, as a friend, you will go with her when she consults with a lawyer.
-Refer to Fact Pattern 3-2.What would you tell Sally regarding whether she should choose mediation or arbitration?
A) That mediation and arbitration are essentially the same thing.
B) That a mediator would actually decide the case whereas an arbitrator would not.
C) That an arbitrator would actually decide the case whereas a mediator would not.
D) That both an arbitrator and a mediator would decide the case but that an arbitrator is required to be a lawyer whereas a mediator is not.

Question

Quizplus · Accepted Answer

A mediator's role is to facilitate a discussion between the parties in order to help them reach a mutually acceptable agreement. The mediator does not make a decision in the case. In contrast, an arbitrator's role is to hear evidence and make a decision on the dispute, which is binding on the parties. Therefore, if Sally is looking for a quicker judgment in her favor, she should choose arbitration over mediation.

Fact Pattern 3-2 Sally Tells You That She Is in a Dispute with a Dispute