Arbitration is a formal version of mediation. Mediation is when two disputing parties bring in a third, neutral party to help find a solution to the dispute. Mediation has several advantages including a higher success rate than judgments passed down by courts. The American Arbitration Association provides mediators and mediation services. In this paper, I will discuss the purpose of the American Arbitration Association, the benefits of mediation, and situations in which mediation would be effective.
The American Arbitration Association provides mediation services to people who wish to keep disputes from having to go to court. They also provide arbitration services for companies and train mediators to handle dispute resolution. The role of the American Arbitration Association is to provide mediation and arbitration services. They provide the mediator, you provide the dispute. They will also provide specific guidelines for corporations, law firms, and courts to use in arbitration practices.
The best way to determine if a mediator is necessary is to ask yourself, can we solve this problem alone? If not, then it is time to call in a mediator. A mediator can be any neutral party. It can be a friend, a colleague, or a supervisor. However, for more difficult disputes, it is wise to obtain a mediator who has been professionally trained and certified in mediation.
Once the need for a mediator has been determined, it is time to find a mediator. The American Arbitration Association will provide a mediator to assist through the whole process. You can also find lawyers who are willing to mediate, although a lawyer will be more expensive than using a mediator instead.
The mediator’s job is to control communication and help the parties come to a mutually satisfactory agreement. To do this, the mediator will set up rules at the beginning of the process. These rules will often include that the mediator is to remain unbiased, he or she will not discuss the details of the dispute outside of mediation, that the mediator will take notes during mediation to keep track of what is agreed upon but that these notes will be destroyed once mediation is complete, and that the mediator is allowed to make new rules as the mediation progresses. He or she will also make it clear that the parties are to listen to one another respectfully and thoroughly. There will be no name-calling or aggressive communication.
Once the rules are set, mediation can begin. Often, mediation will begin with each person stating his or her “case.” The mediator will monitor the communication to make sure the rules are being followed, while taking notes to help aid in the solution process. The mediator may also choose to caucus. In a caucus, “the mediator steps aside with one disputant for a private discussion to request the disclosure of information that the disputant doesn’t want to make in the presence of the other” (Cahn & Abigail, 2007). If the mediator talks to one party privately, the mediator must spend an equal amount of time privately with the other party. By speaking to parties privately, this allows the mediator to discover information that the parties may not feel comfortable discussing in front of each other. It can be awkward to discuss grievances in front of a romantic partner, for example. With the permission of the parties, the mediator may later bring the information gleaned in the private meetings to the attention of the other party.
Once all of the issues have been aired, the mediator will assist the parties in reaching an agreement. The desired agreement would satisfy both parties. The parties will then sign the agreement with the mediator signing as a witness, and the mediator will file the agreement and set up a future meeting to discuss the progress of the agreed terms. The mediation agreement is legally binding. It also is usually more successful than going through the courts because each party is more likely to adhere to the agreement because they had a say in what the agreement would be.
Mediation can help resolve several types of disputes. The most obvious example I could think of would be in a divorce case. Imagine that James and Erin have been married for ten years. They have three children. Erin has been a housewife, while James has earned a large sum of money as a doctor. Erin gave up her schooling to assist James in getting his medical practice off the ground. The marriage falls apart due to the stresses of James’s long hours. Erin and James could use a mediator to assist in the divorce rather than dragging the children through a long court case to determine custody and spousal support. Erin would like $5,000 a month in spousal support, plus custody of the three children. James does not think that the amount Erin has asked for is fair and also wants custody of the children. The mediator in this situation could be called in to assist in dividing the assets of the couple and determine custody of the children. In this example, Erin and James could settle for Erin having full custody of the children with James having weekend visitation, and $5,000 a month in spousal support until Erin can finish school so that she will be better able to provide for herself and the children.
Another example of a dispute in which mediation would be helpful is a dispute between coworkers. Alex and Jane work for a rental company. They each have set projects to work on, but Alex always shirks his responsibilities on to Jane. After a while, Jane begins to get resentful and refuses to assist Alex in his work. Mediation could come in the form of a supervisor, who would allow Jane and Alex to discuss the problem in a calm manner and come to a solution that would involve Alex handling his own projects.
I currently work in the insurance industry. I work for a large supplemental insurance provider. The American Arbitration Association could assist in my career in two ways. The first way is if the AAA provided the arbitration policy for my company. As it is a large company, it is very likely that the AAA could be involved in determining the policy that we go by. I do know that my company has set arbitration guidelines and each employee must agree to these guidelines before being hired. Another way they could assist was if I chose to become a mediator within my organization. I could train with the AAA and be certified.
Mediation and arbitration are great tools to use in solving disputes. They are cheaper than litigation and have higher success rates. After reading this paper, I hope that you have learned more about the advantages and processes of mediation, the role and purpose of the American Arbitration Association, and learned something from the examples in which mediation could be useful. References
Cahn, D. D., & Abigail, R.A. (2007). Managing Conflict Through Communication (3rd ed.). Boston: Pearson Education, Inc.
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