Mediation and Arbitration

 Conflict resolution, at times, can be a difficult task to accomplish. There are situations that need help in order to move the resolution process forward. Conflicts will sometimes develop into disputes. This occurs when the parties experience a block in communication and this prevents regular relations (Cahn & Abigail, 2014). Although it is normal to experience disputes, there are alternative methods of reaching a resolution. By using mediation or arbitration, parties are able to discuss the issues at hand in a constructive environment and come to a consensus.

 Arbitration occurs when a third party takes a neutral stance in a dispute. This person considers both sides of the argument and determines the final outcome for the party (Cahn & Abigail, 2014). Mediation occurs when a third party takes a neutral stance and “facilitates communication” in the dispute with both individual participants. In mediation, the two parties will eventually resolve their own issue and come to a “mutual agreement” (Cahn & Abigail, 2014). Mediation is used to bring about communication for the two parties in a dispute, it allows for the parties to fully share, and is known to be more successful that arbitration (Cahn & Abigail, 2014). Mediation is about the conflicting parties coming to their own resolution, whereas, arbitration places the power in the hands of the mediator. 
 There are two areas of mediation, the formal and the informal. Formal mediation is conducted by a fully trained individual that may handle issues such as divorce disputes and settlement issues. This form of mediation typically has an agreement drawn out that both parties agree to. The informal has a mediator that does not have the same extensive training as formal mediators, but the informal still strives to maintain a constructive environment. According to Cahn and Abigail, the simple introduction of a mediator changes the playing field from closed to open. This introduction of a third party allows from the two disputants to have accountability for their actions. The role of the mediator promotes a cooperative environment as opposed to a competitive one (Cahn & Abigail, 2014). The mediator’s role is to maintain a clear view of the issues, be specific, identify behaviors, share feedback, and check the information gathered to that of the individuals.

The article Arbitration and Mediation in Cyprus, focuses on the use of arbitration in the European nations. It discusses the benefits that arbitration has when handling international disputes. According to the information provide, arbitration brings about clarity and brings the doubts to light (Tsirides & Geogiades, 2012). The article notes that mediation is less known to the European nations. It is less formal and less costly to achieve. The article acknowledges the advantages of mediation, one being mutual understanding and peace, but also mentions that in mediation, there is no acknowledge of who is right and who is wrong. Although this is their belief, Cyprus prefers the use of mediation because it promotes peace and a mutual understanding. (Tsirides & Geogiades, 2012). The use of arbitration works ideally when dealing with children. Although this is not the only area, children do not always know the best way to resolve disputes or how to manage emotions. Even as a mother, listening to both sides and then deciding what the next move should be will help them to refocus. For example, if the children are arguing about who does what chore, creating a chore calendar will be a great course of action. Arbitration works best when dealing with business contracts. Lantern Legal Services encourages arbitration because it is less costly, less formal, and less time consuming. This is all compared to litigation services. The website addresses that “It is often necessary to resolve business conflicts in a definitive and enforceable manner” (www.lanternlegal.com). Arbitration is the best way to achieve this without the use of the court system and is legally sound. 
 Mediation is known to be a more cost efficient method for resolving disputes. In the article, Mediation Offers Less Costly Way to Resolve Disputes, Rebekah Apple examines how beneficial mediation is in the medical field. She explains that mediation will help in the areas of clinical and administrative areas, this will help resolve conflict, but also protect the satisfaction of both patients and staff members (Apple, 2013). “Even arbitration results in a winner and a loser” (Apple, 2013), “Mediation offers greater satisfaction, can be less expensive and stressful, and can lead to more timely resolutions” (Apple, 2013). Because mediation is about finding commonalities and reaching a mutual agreement, it is the least painful method of resolving disputes. As the article states, even with the use of arbitration, someone loses.

There is an increase in satisfaction by sticking to mediation. Cahn and Abigail use the example of a 
 mother and daughter having an argument. The older sister acts as the mediator and allows younger sister and mother to come up with an agreement, on the sister having more freedoms, while respecting the mother’s concerns (Cahn & Abigail, 2014). Mediation allows for both parties to listen to one another and decide the best course of action, from that point. Apples uses an example of fruit to describe mediation, when two people fight over an orange, the best course of action is for both people to give up a bit of themselves and ask what the other plans to do with the orange (Apple, 2013). Mediation is a collaboration and allows for both parties to equally benefit.

The American Arbitration Association (AAA) is a non-profit organization that offers arbitration services, mediation services, as well as in-person training for mediation (www.adr.org). They focus on helping people resolve dispute outside of the court system. The AAA distributes the cases and assist in helping the cases through mediation and arbitration in a fair manner. The organization also prepares hearings and provides resolution options. In my current career, the AAA could assist me in becoming more educated with regards to workplace disputes and where to possibly find arbitration clauses in my employment contract. Also, the association will be useful in creating a planned course of action, in the event that a dispute does occur. They will be able to point me in the right direction and provide me with options. The association will also provide me with information regarding cost and time that could be involved in the process as well as rules and procedures. Because there are no current issues, the best course of action is being prepared and the AAA can provide that.

 The drawbacks of arbitration and mediation consist of time constraints as well as possible financial obligations. Arbitration may eventually benefit one party over the other based on the decision of the third party. This however, is not intentional, but based on the information provided by both parties. With the use of an arbitrator, the parties are relying solely on the decision of the arbitrator. Arbitration may also lack formality, especially if parties do not entirely agree with the final decision. With regards to mediation, if both parties are not on the same page, then finding common ground can be frustrating and time consuming. If the mediator is not effective or trained, then the mediation may do more harm than good.

 Although disputes may occur and hinder our ability to communicate effectively, mediation and arbitration provide that assistance that is sometimes necessary. No solution is without drawbacks, but it is how we utilize the information given that produces constructive results. The inability to resolve a dispute may call for an arbitrator of mediator. By conducting research, parties will be able to find which method is best for them.

References

American Arbitration Association. (2007). AAA – Arbitration, mediation, and other forms of alternative dispute resolution (ADR). Retrieved from http://www.adr.org/

Apple, R. (2013). Mediation offers less costly way to resolve disputes. Physician Executive, 39(6), 60-63. Retrieved from database: Business Source Elite.

Cahn, D. D., & Abigail, R. A. (2014). Managing conflict through communication (5th ed.). Boston, MA: Pearson Education, Inc.

Lantern Legal Services. (2008). The benefits of arbitration. Retrieved from http://www.lanternlegal.com/

Tsirides, C., and Geogiades, E. (2012). Arbitration & mediation in Cyprus. Dispute Resolution Journal, 67(3), 84-95. Retrieved from database: Business Source Elite.