Posts Tagged ‘arbitration’
How to Resolve Customers Disputes in Today’s World
Disputes have existed as long as there have been people. Ways to resolve disputes have also existed just as long. But now, technology has made some of the oldest ways to resolve disputes new again and better than ever! Now you can settle differences with other people or businesses without ever leaving your home, office or business.
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It’s a Celebration: Conflict Resolution Day!
In 2005 the Association for Conflict Resolution (ACR) established a worldwide initiative- Conflict Resolution Day, which occurs every third Thursday in October. The purpose of this day is for dispute resolution practitioners to celebrate and raise awareness about conflict resolution methods such as mediation, arbitration, conciliation, etc. The logo designed for this event is a tree rooted in the ground with leaves that depict the avenues in which an individual can resolve conflict: mediation, conciliation, facilitation, arbitration, negation. Our logo of the tree was designed as a symbol to celebrate growth in Conflict Resolution. The first year, start small, but just like the tree the seeds you plant one year, will continue to grow and blossom each year (ACR.com). As an annual occasion, many organizations have established numerous events/programs in honor of Conflict Resolution Day. This year on October 16th the following programs/events are being held (please note this is only a partial list):
- Family Mediation Center –Mini annual conference (October 16)
- Maryland Mediation and Conflict Resolution Office (MACRO) –9th Annual Conflict Resolution Day Student Art Contest
- American Bar Association (ABA) – ABA Mediation week (October 12-18)
- Good Shepherd Mediation Program – “Shepherds of Peace” honor awarded to several individuals who have been instrumental in encouraging peace and social justice in Philadelphia
Conflict Resolution Day Activity Suggestions:
- Create conflict resolution promotional material and distribute it to the public on Conflict Resolution Day
- Hold a conflict resolution workshop at a local college or university
- Recognize conflict resolution leaders and or volunteers in your community
- Produce t-shirts, mugs or other items supporting conflict resolution
- Propose story ideas to print and broadcast media
What will you do to celebrate Conflict Resolution Day?
To learn more about Conflict Resolution Day visit the ACRnet.org click on the home page/education & training/conflict resolution day.
By Yvette Watson Jenkins
Graduate Student, University of Baltimore – Negotiation and Conflict Management Program
Back to the Basics: What is Alternative Dispute Resolution (ADR)?
ADR is a method of resolving disputes without going through the litigation process. Litigation can become costly and very time consuming. Litigation has a negative connotation and can be a result of permanently damaging friendships or partnerships, ruined reputations, and even financial catastrophes. ADR has been around for decades and the processes are used to resolve conflicts in a more cost effective and timely manner. The advantages of using ADR processes to resolve disputes can be:
• Cost effective
• Time Saving
• Participant’s control in an ADR process
• Creative outcomes save relationships
• Confidential
While there are several ADR processes this post will only discuss arbitration, mediation, and negotiation. Some of these processes involve a neutral-third party’s assistance in resolving a dispute whereas others rely on the parties themselves.
Arbitration involves two sides presenting their dispute to a neutral third party (arbitrator) who decides the final outcome. If the parties agreed to a binding arbitration the arbiters ruling is final with little to no chance of an appeal. Arbitration is appropriate when the parties do not want to make the final decision themselves. Parties have little control of the process and relinquish decision-making to the arbitrator.
Mediation is a voluntary process by which a neutral third party (mediator) assists 2 or more individuals in discussing the issues and formulating a mutual agreement. The mediator is bound by confidentiality and leaves the decision-making in the hands of the disputants. Mediation is appropriate when parties want to preserve the relationship, reputation and want more control of the outcome and process.
Negotiation is a direct discussion between parties to resolve the dispute themselves. The discussion involves both parties bargaining for their needs and interests to achieve their goals. Depending on their approach, the outcome can either be a collaborative win-win outcome or a competitive win-lose situation
When ADR is/is not Appropriate?
Not all disputes can or should be resolved through ADR. It is my opinion that ADR is not an appropriate avenue for domestic violence or child endangerment disputes because of the severity of the cases. If not handled properly, these situations can result in violence, unequal distribution of power, or even death. These cases should be handled through the court system. ADR can be used if the parties want to retain their current relationship, trust between the parties is low, a new perspective is needed, etc. Not sure if your case is ADR appropriate check out FERC.gov – Is ADR Appropriate for My Dispute?
Need Additional Information?
Refer to the Frequently Asked Questions section of the National Arbitration Forum website for arbitration and mediation. Beyond Intractability has a informative article on negotiation. As always, check out our Podcast Directory for episodes on mediation and arbitration at The Texas Conflict Coach.
By Yvette Watson Jenkins
Graduate Student, University of Baltimore – Negotiation and Conflict Management Program
