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Mediation and Arbitration


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In many cases, it is essential to resolve disputes through mediation and arbitration to make a mutual decision between parties who are unable to resolve issues by themselves as well as avoid high cost legal fees. Mediation and arbitration may not work all the time but with the right mediator and arbitrator, at least eighty percent of the time they are able to work out an agreement that is acceptable to both parties (Cahn & Abigail, 2007, pg. 196). Once the case is acceptable, legal action may not be needed and the parties can move forward to an agreement.
Cahn & Abigail (2007) defined the role of arbitration as a neutral third party considering 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)” (pg. 195). Depending on the situation and conflict, it can be beneficial going through arbitration so all parties will be able to express their side without having a judge or jurors make a final ruling.
Cahn & Abigail (2007) defined the role of mediation as a neutral third party that facilitates communication between the conflicting parties so that they may work out their own mutually acceptable agreement” (pg. 195). Conflicts can be difficult to resolve because all parties feel that their way is the right way and no other way is right. This can get out of line especially when the conflict needs to be resolved.
The function of mediation and arbitration is to resolve conflicts through a third party that is unbiased by creating productive communication of all parties. The effectiveness of mediation and arbitration allow the parties to establish their own ground rules for settling their dispute, including what types of evidence can be presented, what kinds of experts can be consulted, and the concepts on which the final agreement or decision will be based (Taylor, S.). It is important for all guidelines to be followed in the mediation and arbitration process to avoid any open gaps to lead to lawsuits.
Mediation and arbitration can be utilized for just about any type of dispute that may be unresolved or that can lead to possible legal actions. Many establishments today such as corporations, dentist and healthcare disputes have arbitration agreements in their contracts to attempt to work out any conflict first before taking legal action. Also, mediation and arbitration may be used for disputes from divorces, product recalls, labor laws, union grievances, estates, custody battles, signed contracts, leases and partnership conflicts.
The American Arbitration Association (AAA) provides resolution to disputes nationally and internationally through International Centre for Dispute Resolution (ICDR) to process cases in an unbiased manner by assisting in the appointment of mediators and arbitrators, setting hearings, and providing users with information on dispute resolution options, including settlement through mediation (American Arbitration Association). Additional AAA services include the design and development of alternative dispute resolution (ADR) systems for corporations, unions, government agencies, law firms, and the courts. The Association also provides elections services as well as education, training, and publications for those seeking a broader or deeper understanding of alternative dispute resolution.
The American Arbitration Association can be used in my current or future career based on ways that I may be discriminated on based on race, color, religion, sex, national origin, age or falsely being accused, wrongful termination or sexual harassment just to name a few.

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