In today’s world of disagreements and conflicts, often time we need additional help to assist us in resolving these conflicting issues. We need an unbiased, impartial, and objective view to oversee, and at times interject a voice of reason to help keep the goal (resolution) in focus. Having this sort of assistance will help our conflicts transition through the delicate steps of resolution in a matter that is constructive and productive to meet agreeable decisions. This help is presented to us today in the form of meditation and arbitration. Mediation is the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result.
Mediation differs from arbitration in which the third party (arbitrator) acts much like a judge but in an out-of-court less formal setting but does not actively participate in the discussion
As stated above, mediation and
arbitration hearings are avenues which conflicting parties can venture to seek
assistance in resolving their conflicts.
Both vehicles utilize individuals to guide the conflict to an agreeable
resolution. In mediations you have the
mediator. This individual is neutral and
unbiased, [has] no decision-making power with respect to the outcome of the
mediation, must maintain confidentiality, is an effective communicator, and
encourages cooperation and discourages competition between parties (Abigail & Cahn, 2011, p. 201) . The mediator sets the atmosphere and/or tone
of the gathering. They are there to
create a safe and productive setting to encourage teamwork amongst the
conflicting parties to arrive at a win-win resolution. They accomplish this with effective
communication skills; choosing the appropriate words or phrases that encourage
cooperation, teamwork, unity, and common interest. They are to show no partiality towards one
individual over the other; giving the same amount of attention to each
individual. Also, the mediator is to
present him or herself as a professional with a standard of ethics and integrity. All parties involve should feel confident or assured
that the hearing will be held in utmost confidence: A mediator shall maintain
confidentiality of all information obtained by the mediator in the mediation,
unless otherwise agreed to by the parties or required by applicable law (Model
Standards of Conflict For Mediators, 2005) .
According to the American
Arbitration Association (AAA), a not-for-profit organization that is
experienced in the field of alternative dispute resolution (ADR), “mediation is known to have the
broadest application and the greatest potential for resolving disputes and
reconciling conflicts. They handle disputes across a spectrum of territories like legal,
commercial, institutional, governmental, workplace, community, and family
matters (adr.admin, 2013) .” This can range from the loud neighbors next
door, to arguments and disagreements amongst family members, conflicts on the
job or in the community, writing bad checks, small real estate issues, rental
disagreements, contract issues, and divorce.
People of all walks of life have found that mediation and arbitration
processes are more affordable then your courtroom hearings. Community and school mediations are free or
offered on a sliding scale (2011, p. 196).
It is much easier and quicker to schedule a hearing; you are not faced
with the overextended calendar schedule of the courts. The first meeting between the mediator and the
disputants is usually within a few days or weeks (2011, p. 196). Others enjoy the less informal and mutual
location for the sessions. Also, it is
estimated that 80% of mediation end with an acceptable agreement between
parties (2011, p. 196). Lastly,
individuals find it appealing that they have more direct personal interaction
and power over the outcome of the mediation then say if a judge was overseeing
the event; their outcome is their final decision or agreement and no
one else’s. For these various reasons mentioned,
we find that mediation and arbitration processes are favored to support
conflicting parties.
The number one drawback to
the arbitration proceedings is it is very hard to reverse or appeal the final
agreement or decision. Once all parties
have agreed in advance to abide by the decision there is no appeal; they can be
more binding than that of a judge in the legal system (2011, p. 195).
While reading about
mediation in our text book and reviewing various documents on the AAA website
about the role of a mediator, I thought of my days as a realtor. The
Model Standards of Conduct For Mediators (Model Standards of Conflict For Mediators,
2005)
mirrors some of the same standards and conduct I had to hold to or abide by
as a realtor. I do not think I will
return to the real estate profession, but the idea of code, ethics, honesty,
and integrity has always been with and will never leave me. When I was working in the computer networking
field, my jobs consisted of security and integrity of computer data as well as
the usage of the front and back end users of the system. I had my producer license (insurance); more
law and code of ethics. As a realtor, we
often liken ourselves as lawyers that “don’t get paid the big bucks.” I have entertained the idea of going to Law
School, but at other times, I have just considered pursuing an advocate
position on a lesser scale than that of a lawyer. Whatever the position, I do know that integrity,
ethics, and standards will be a good chunk of my responsibility. Helping people pursue their dreams and
assisting them through the entanglements of life has always brought me joy and
satisfaction. Of course that means you
will encounter conflict. I have assisted
many people through conflicts throughout my professional and personal
life. I have always known about
mediation and arbitration but from afar.
Fortunately, I have never had to go through a process of that sort. I (or with my manager) have always been able
to resolve issues without any outside assistance of that magnitude; people have
felt that they could rely on and put their trust in me. Now that I have had the opportunity to read
and study the subject matter closely, I see the mediator position as a great
career choice after graduation. Since I
have in some shape, form, or fashion been a mediator throughout my life, I
would have the opportunity to receive professional training coupled with my
degree in Communications, to increase my effectiveness in assisting conflicting
parties towards an agre (Solicitors, 2016) eable end. The AAA provides ongoing training and
development sessions through their university to assist mediators with effective
mediation skills (for the new mediator), negotiation skills, how to control chaos
in the mediation, ethical concerns, and so forth (American
Arbitration Association, 2013) . They provide these courses in the classroom,
in a webinar, online, or in a self-paced online study format. This type of flexibility would increase my
chances of requiring the education and skills I need on a continuous
basis. This looks like a promising
career choice.
As stated before, in today’s
world of ups, downs and turnarounds, arguments and disagreements, when we are
not able to resolve these conflicts amongst ourselves, mediation and
arbitration is that additional assistance that can help guide and steer us to an
agreeable resolution. One can look to
The American Arbitration Association as a place to reach out to for assistance.
References
Abigail, R. A., & Cahn, D. D. (2011). Managing
conflict through communication. Boston: Pearson Education Inc.
adr.admin. (2013, August 1). Mediation
Overview page. Retrieved from American Arbitration Association:
https://community.adr.org/docs/DOC-1186
American Arbitration Association. (2013).
Retrieved from American Arbitration Association: http://www.adr.org/aaa/faces/home?_afrLoop=652474224764668&_afrWindowMode=0&_afrWindowId=null#%40%3F_afrWindowId%3Dnull%26_afrLoop%3D652474224764668%26_afrWindowMode%3D0%26_adf.ctrl-state%3D1935bi3oqb_213
Model Standards of Conflict For
Mediators. (2005, September 8).
Retrieved from American Arbitration Association:
http://www.adr.org/aaa/ShowProperty?nodeId=%2FUCM%2FADRSTG_010409&revision=latestreleased
Solicitors, T. R. (2016, January 14). Photo
retrieved from The Law Society:
http://www.lawsociety.org.uk/news/blog/mediation-why-arent-you-doing-it/
The People's Law Dictionary. (2005). arbitration.
Retrieved from The Free Ditionary: http://legal-dictionary.thefreedictionary.com/arbitration
The People's Law Dictionary. (2005). mediation.
Retrieved from The Free Dictionary.com:
http://legal-dictionary.thefreedictionary.com/mediation
West's Encyclopedia of American Law.
(2008). arbitration. Retrieved from The Free Dictionary.com:
http://legal-dictionary.thefreedictiony.com/arbitration
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