2/25/13 Mediation and Arbitration

Mediation and Arbitration

             Mediation and arbitration are used to settle different kinds of civil conflicts. Mediation is simply when a third party helps the two disputing parties reach a resolution. Arbitration is an alternative to litigation where a third party makes the final decision which is binding.

            An example of a conflict that could utilize mediation as a tool for resolution would be divorce and/or child visitation agreements. If a couple is going through a divorce, they will typically have some division of property. A mediator could be helpful in identifying the items that are most important to each party. Basically, the bottom line items. For instance, if the wife wants the car and so does the husband, the mediator can facilitate some different options. Maybe the wife keeps the car but only if the husband is required to pay less alimony. Whatever the scenario might be, the mediator to work for both parties involved and in most cases the opposing partied don’t have to be in the same room. That alone can eliminate resolution deterrents.  Another example is in a child visitation issue. Sometimes, because of the high emotions that run throughout the course of a divorce, reaching a visitation arrangement could be difficult. In this instance, a mediator could take the suggested schedules from each parent and come up with an alternative schedule that is more conducive to the expectations of each parent. Again, a mediator could facilitate the bottom line of each parent and work from there. If the father said he wanted every Friday night because of football and the mother wanted every Sunday because of church, the mediator could come up with a customized visitation schedule for that family.       

 

There are many benefits to using mediation. The primary reason people choose mediation is because they are able to control the outcome. The parties involved do not have to agree on anything they do not want to. Another benefit is that the mediator works as an unbiased party who is able to rationalize situations and offer a fresh and outside perspective. From a financial perspective, the benefit of utilizing mediation is that it is substantially less expensive than court costs, legal fees and the price of a lawyer.

            Arbitration is typically used in lieu of litigation. Examples of conflict in which arbitration would be effective are lawsuits, corporate mishaps or even some civil disputes. When two parties present their case in arbitration, they are giving up total control over the outcome. Regardless of their opinions or feelings, the resolution reached in arbitration in final and legally binding. However, the only example of arbitration I am familiar with is from the move and true story of Erin Brokovich.  In that movie, they took PG&E to arbitration to determine whether or not the case was even worth taking to trial. The judge in that case dismissed all of the opposition from PG&E and allowed the case to go to trial. I know this particular situation might be a stretch from what we are discussing but it is my only frame of reference.

            The American Arbitration Association provides expert mediators and arbitrations. Their website describes them as thorough and thoughtful in their training, that they are unbiased and professional. They also offer directional advice on which path, mediation or arbitration, might be best suited for your situation. They offer a wide range of variety in expertise as well as numerous resources.

 

References

 

American Arbitration Association. Retrieved from

            http://www.adr.org/aaa/faces/home

 Cahn, D. and Abigail, R. (2011). Managing Conflict through Communication. Retrieved from

                http://online.vitalsource.com/#/books/9780558711184/pages/15688612

 FINRA.  Arbitration and Mediation. Retrieved from

                http://www.finra.org/ArbitrationAndMediation/index.htm