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Arbitration
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Arbitration process 

People have differing styles of communication, ambitions, political or religious views and different cultural backgrounds. In our diverse society, the possibility of these differences leading to conflict between individuals is always there, and we must be alert to preventing and resolving situations where conflict arises.

 

The handling of conflict requires awareness of its various developmental stages. If leaders in the situation can identify the conflict issue and how far it has developed, they can sometimes solve it before it becomes much more serious.

·      Mediation: when negotiations fail or get stuck, parties often call in an independent mediator. This person or group will try to facilitate settlement of the conflict. The mediator plays an active part in the process, advises both or all groups, acts as intermediary and suggests possible solutions. In contrast to arbitration (see below) mediators act only in an advisory capacity - they have no decision-making powers and cannot impose a settlement on the conflicting parties. Skilled mediators are able to gain trust and confidence from the conflicting groups or individuals.

 

·      Arbitration: means the appointment of an independent person to act as an adjudicator (or judge) in a dispute, to decide on the terms of a settlement. Both parties in a conflict have to agree about who the arbitrator should be, and that the decision of the arbitrator will be binding on them all. Arbitration differs from mediation and negotiation in that it does not promote the continuation of collective bargaining: the arbitrator listens to and investigates the demands and counter-demands and takes over the role of decision-maker. People or organisations can agree on having either a single arbitrator or a panel of arbitrators whom they respect and whose decision they will accept as final, in order to resolve the conflict.

 

 

 

                                                                                                                              

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