Mediation and Arbitration are important steps to resolving conflict when a dispute arises. Within this paper I will discuss why mediation is important. What types of disputes can be utilized by mediation and arbitration. As well as the drawbacks to mediation and arbitrations; furthermore, I will explain how AAA, can be used. The first thing I would consider for resolving a dispute or conflict is through a mediator “Rather, mediators are viewed here as unbiased facilitators of communication between the parties in private setting” (Abigail & Cahn, 2014 ). With having a mediator it allows you to communicate openly allowing you to express your feelings openly. It has been said that having mediation has a better success rate; however each participant has to be willing to follow the steps, given in order to resolve a dispute. Being that it is up to the parties to try to resolve the dispute. “All too often the subject of mandatory arbitration is presented form a limited perspective and without explaining the foundation on which the perspective based (Bales, 1997).

Knowing that the mediator has several duties; for example the mediator is not to take sides they are to remain neutral. Furthermore, as I stated before mediation allows both parties involved to speak openly , being that the mediator is well aware of the dispute, and has the skills to speak with each person effectively with each party involved within this particular conflict the main focus is to promote resolution of the conflict by making parties come to some type of resolution , cooperation rather than competition. “Teams that have been trained to use conflict resolution skills and communication skills training report higher conflict resolution, goal setting, planning skills and produce higher quality decisions (Hartenian, 2003).

However, there are some draws back when it comes to mediation. For example when you are resolving dispute expect people to give you advice. Being that the mediator’s job is to listen and try to help you find ways to improve communication during a conflict not to give advice. Needless to say people having conflict cannot always find resolution through communication and some type of comprise. Then perhaps mediation may not be for them. However, some type’s of disputes cannot be done resolve by mediation where there are some that can be. For example, mediation can be utilized for marriage couples during counseling sessions. Being that the marriage couple will not receive advice in what they should do or not do, but they both can speak openly and they can get  help to resolve their problems openly. Mediator can also be used within the workplace, in regards to two employees within a company. For example, each employee can learn how to open the channels of communication however, the mediator cannot give advice. If the two employees are not willing to get alone, there is basically nothing a mediator can do to resolve their disputes in which mediation cannot be a part of such as traffic court issue in regards to and accident, being that a mediator cannot blame when a dispute arises, being that the mediator is not allowed to blame.

Being that if I  should  come into a dispute at work that needs some type of mediation and my managed was unable to help. I will seek to get help from the American Arbitration Association. The main focus of this organization is to provide mediation or arbitration to people, as well as to help conflict or disputes outside of court. However, that is not the only role of AAA, for example give administrative services within the us and select mediators, set hearing and resolve disputes.

Former federal and state judges, attorneys with exceptional subject-matter expertise, and business owners who understand the essence of the dispute are trained in a comprehensive program by the AAA to manage the dispute resolution process with fairness and skill, and an eye towards time- and cost-efficiency (AAA, 2007). The AAA is a great website it helps you learn about conflict resolution courses for training, publications, as well as election in services. There has been five new areas and division for customer on AAA. Actually being aware of this information is really important to my career. Being that it gives me several option on how to resolve disputes, if a conflict should come about.

References:

American Arbitration Association. (2007). AAA – Arbitration, mediation, and other forms of alternative dispute resolution (ADR). Retrieved from http://www.adr.org/

 Hartman, R.L., and Crume, A.L. (2007). Public forum mediation: A training exercise for conflict facilitation skills. Industrial and Commercial Training, 39(3), 137. doi: 1343646601

 

Cahn, D. D., & Abigail, R. A. (2014). Managing conflict through communication (5th ed.). Boston, MA: Pearson Education, Inc.

 How arbitration works, 7th ed. (2013). Reference and Research Book News, 28(2) Retrieved from http://search.proquest.com/docview/1322464401?accountid=32521