Mediation and Arbitration

Mediation and arbitration are often quite effective in bringing about successful resolution to conflicts. Both mediation and arbitration have roles is resolving many conflict issues, such as divorce, employment, injuries, accidents, professional malpractice, disagreements between neighbors, and almost any type of civil dispute. The American Arbitration Association is one organization that provides services, solutions, and resources to those seeking to resolve their conflicts outside of court and as fairly as possible. This paper will examine the function of mediation and arbitration, its drawbacks, and how the AAA can be useful in a communications career.

Mediation and arbitration are tools available to those wishing to resolve their conflicts outside of taking legal action. Mediation is when a neutral third party is brought in to “[facilitate] communication between the conflicting parties so that they may work out their own mutually acceptable agreement,” (Cahn, 2007, p. 195) while arbitration is when “a neutral third party considers both sides of a dispute and makes a decision, which is more binding than that of a judge in the legal system if both parties have agreed in advance to abide by the decision (no appeal)” (p. 195). Agreeing to abide by an arbitration decision or coming up with an agreeable resolution through mediation can not only be beneficial, but is often much less expensive than taking things to court.

One example of a situation where people might want to avoid court is in a divorce proceeding. Emotions run high, assets are involved, and often arguments about child custody frustrate the separation process. Divorce lawyers are quite expensive and can leave the couple financially devastated. Although mediation is not the right alternative in every divorce, it can be mutually beneficial in some instances for this reason;

[T]he typical family mediation paradigm shifts the focus from rights-based litigation, deemed so harmful to participants in divorce proceedings, to an interest-based analysis of "win-win" alternatives likely to meet each party's and the children's individual and collective needs post-divorce. (Langan, 2011)

Divorce through mediation can ameliorate some of the psychologically devastating effects of the typical courtroom battle

Another example of effective mediation is in neighborhood disputes. Issues like a tree on one person’s property overhanging and creating problems on a neighbor’s property can be resolved through mediation. According to Lea (2012), “Situations where noise from a nearby bar is disturbing residents or a resident's band is upsetting his neighbours [sic] are other examples of disputes that can be settled with the help of [mediation].”

Arbitration differs from mediation in that the arbitrator’s decision is legally binding, as if the parties involved had gone to court. This is both a benefit and a drawback to the arbitration process. Cahn (2007, p. 195) observed that prisons house many people who decided to take justice into their own hands using violence against those who were perceived cross them. For individuals wanting to pursue a more civilized route, arbitration can resolve simple, as well as complex disputes.

Arbitration can benefit employees in disciplinary disputes between them and management. Students may need arbitration to settle a dispute at their college or university. Arbitration is generally informal, non-public, and provides a way for all parties involved to achieve resolution in such a way as to resume a working relationship. Depending on the situation, arbitration usually results in both parties being satisfied.

As valuable as mediation and arbitration are, there are their drawbacks. For instance, “Since these alternative procedures are not bound to follow legal precedent in coming to a decision, parties cannot count on legal precedent to be determinative of the result” (Taylor, 2012). Sometimes finding a mediator or arbitrator who all parties trust to be unbiased can be a challenge. Mediation alone, especially in a divorce, is that it is done with legal representation, which can result in a settlement that is imbalanced, unfair to, or not clearly understood by one of the parties (Langan, 2011). Additionally, not all mediators have been properly trained and certified.

One of many organizations that offer mediation and arbitration services is the American Arbitration Association. Their mediators and arbitrators are certified and trained in multiple areas of expertise, including; accounting, communications, healthcare, entertainment and sports, insurance, intellectual property, among others, in commercial, consumer, government, and international arenas (AAA, 2011). This organization provides guides, forms, and educational resources for those seeking alternatives to dispute resolutions (ADRs).

An organization such as AAA can be very valuable in the field of interpersonal communications. Many satisfying career opportunities exist in corporate and business communications, especially in human resources, which often people with communication skills to resolve disputes between employees or between employees and management. Social service jobs also require trained personnel who have interpersonal relationship skills and can resolve conflicts with clients. AAA offers the tools and services for someone interested in the mediation process. For me, personally, I can see how an arbitration organization such as this can provide me with the means to make a difference and effect change in the workplace as I pursue a career that involves inter and intrapersonal skills.

The function and role of mediation and arbitration are crucial in any type of dispute ranging from personal and community relationships to work or school related relationships. The effectiveness of mediating between disturbed parties is only as good as the professional mediator. Having the ability to bring resolution to conflicts is both a challenge and a rewarding endeavor. The American Arbitration Association is an organization that can offer the training, certification, and resources to become a successful and dynamic force in helping people find resolution to their conflicts.

References

American Arbitrator Association. (2011). Dispute Resolution Services Worldwide. Retrieved July 2, 2012, from http://www.adr.org/aaa/faces/home?_afrLoop=49693280234785&_afrWindowMode=0&_afrWindowId=_new#%40%3F_afrWindowId%3D_new%26_afrLoop%3D4969328023     4785%26_afrWindowMode%3D0%26_adf.ctrl-state%3Dwe420k2kj_95

Cahn, D.D., & Abigail, R.A. (2007). Managing conflict through communication (4th ed.). Boston, MA: Pearson Education, Inc.

Langan, E. (2011). We Can Work It Out 1: Using Cooperative Mediation - a Blend of Collaborative Law and Traditional Mediation - to Resolve Divorce Disputes. The Review of Litigation, 30(2), 245-318.  Retrieved July 2, 2012, from ABI/INFORM Global. (Document ID: 2336190021).

Lea, D..  (2012, June 20). Community Conflict Resolution Services helps neighbours resolve conflicts. Oakville Beaver,1.  Retrieved July 2, 2012, from Canadian Newsstand          Complete. (Document ID: 2692872461).

Taylor, S. (2012). What Are Mediation and Arbitration. AllLaw.com. Retrieved July 2, 2012, from http://www.alllaw.com/articles/legal/article9.asp.