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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