Conflict Management Mediation Arbitration case 5 Essay

Conflict Management Mediation arbitrement case 5 - leaven ExampleThis, as expressed is a voluntary process and this means that the settlement cannot be imposed or forced on the disputants by the mediators.Arbitration on the other hand has been defined as A process in which a disagreement between two or more parties is decided by impartial individuals, called arbitrators, in order to avoid costly and lengthy litigation (Investor Words Arbitration, 2009). This is a procedure, where a 3rd party holds a come across for the disputants. This meeting is normally a ground for the disputants to state the issues, facts, to provide witnesses and also any possible evidence for the positions (Herrman, 2006). There is also an existence of a have strategy. An example if that of mediation arbitration, which consists of two stages. Firstly, mediation and then followed by arbitration. In certain cases it has been noted that mediation alone does not provide for a resolve for the argument and it is then that the 3rd party would need to bring in arbitration as well. Here the third party would act as twain an arbitrator as well as a mediator (Kagel, 1976, as cited in (Herrman, 2006)). There however has been a fairly new strategy which is a combination of the two and is referred to as arb med. This has been noted to have three phases In phase one, the third party holds an arbitration hearing. At the end of this phase, the third party makes a decision, which is placed in a sealed envelope and is not revealed to the parties. The second phase consists of mediation. The sealed envelope containing the third partys decision is displayed conspicuously during the mediation phase. Only if mediation fails to produce a voluntary agreement by a specified deadline do the parties enter the third phase, called the ruling phase. Here, the third party removes the ruling from the envelope and reveals the binding ruling to the disputants (Cobbledick, 1992 Sander, 1993, as cited in (Herrman, 2006)). To ensure