Question

This assignment asks you to demonstrate your understanding of two alternative resolution techniques (mediation and arbitration). Compares and contrasts mediation and arbitration. When, in your opinion are they appropriate or not? Do you have strong feelings (positive or negative) about either method?

Answer 1

Answer-

Mediation and arbitration are two concepts that have the same goal. Their application help resolve issues considerably fair. If issues existed between two parties, to solve those issues, it would require a third party that would play the role of mediation or arbitration. The third party will play the role of a judge considering like a nonpartisan, neutral person, or a conciliator. Depending on the situation, the judge can become a mediator or an arbitrator. Arbitration is “the submission of a dispute to an unbiased third person designated by the parties to the controversy, who agree in advance to comply with the award”. Generally, it is a more formal process than mediation. For instance, if after hearing evidence, the judge makes a decision, this judge is considered as an arbitrator. On the other hand, in mediation, the mediator is a negotiator, he or she doesn’t issue orders, make determination or find fault. His or her mission statement is to help parties that are being involved to assist them in communicating some eventual solution while obtaining relevant information and presenting options. In work place, it is important to emphasize the Alternative Dispute resolution (ADR) as a considerable tool to use in order to resolve conflict situation. Depending on the situation, firstly, the mediator has meeting with the parties in order to explain their point of view regarding the issue. In addition, the mediator might have separate meeting between the parties. He or she addresses the issues in order to find a fair solution. During the process, several meetings can be held between the parties until a satisfactory and mutual solution is found and agreed by the parties. In such of situation, it is crucial that the agreement is written, accepted, and approved by the parties.

The similarity between arbitration and mediation resides in the role of alternatives to traditional litigation. In addition, the both require a neutral third party in order to find an adequate solution. However, they both can be binding. In Contrast, mediation is used to employee as a non-binding process and arbitration as binding process. In my opinion, the conflict situation issuing between the parties with will determine if they are appropriate or not. As mentioned before, in a conflict situation, arbitration or mediation will be applied for issue solution. Considering an issue occurred between a supervisor and some team members, if the problem is not solved and left doubt; at this stage, mediation should be the perfect approach to avoid it to become perplex.    In conclusion, mediation and arbitration are similar in resolving conflict in work place. However, in arbitration, the arbitrator issue orders, find fault, or make decisions. On the contrary, mediation do not issue orders, find fault, or make determinations. Depending on the situation, they both can be used in conjunction with litigation. They both use neutral party to oversee the process. In work place, they emphasize the Alternative Dispute resolution (ADR) to resolve conflict.