As we all know, getting everyone in a group of people to agree with one another can sometimes be similar to, as well as unpleasant as pulling teeth. This is even more difficult when pertaining to conflict resolution. Most conflict takes place because two or more people are in disagreement on a particular issue, and are unable to find a solution that appeases everyone involved. Many of these conflicts are able to be solved between those that are in disagreement with one another, but there are certain cases where an outside party must be brought in to help move the process along. This particular process is referred to as mediation and arbitration. The following paper will discuss the role and effectiveness of mediation and arbitration in conflict resolution, as well as touch upon the types of disputes that are utilized by them. It will also explain the function of the American Arbitration Association, also known as the AAA, and examine how it can be used in my current professional career of sales.
In order to fully understand the purpose and impact of mediation and arbitration on conflict resolution, we must first break it down to its core meanings. Mediation is the act of being an intermediary between parties with conflicting interests, with the intention of effecting an agreement or reconciliation (Random House, n.d.). This action is usually taken when the parties involved in a conflict are unable to find a legitimate solution themselves; therefore someone else is put into place to help reach a final decision. The mediator, often times, is not chosen by those originally involved, but by someone who has interest in seeing the conflict come to a productive resolution. Arbitration, although similar to mediation, is defined as the settling of a conflict between parties by a person or a group of people chosen and agreed to by the parties involved (Random House, n.d.). So, in essence, those involved in the conflict realize that their negotiation process is not going to lead to a mutually acceptable solution, and decide together to bring an outside influence into the mix. Knowing what mediation and arbitration means, however, is only the first step to completely understanding it. How it functions and the effectiveness of it is the next.
Mediation and Arbitration is an excellent way of solving conflicts for parties that are not able to do it themselves. The mediator in any conflict resolution process should be one who has no interests in either party’s concerns, acts only as a facilitator of communication between the conflicting parties, and helps lead them to a consensual decision on the solution (Roberts, 2007). In other words, a third person is needed to continue the negotiation process because those in disagreement have come to a stalemate, and are unable to proceed with the proper communication techniques to resolve the conflict. While mediation is a means of assisting those in conflict to make a decision on a solution themselves, arbitration is a means of doing so on a solution for them. Both of these techniques can be quite effective, but one might have more of a positive outcome for those involved in the conflict than the other.
Mediation is a way of simplifying the communication between the conflicting parties, but still allowing them to reach a final decision that works best for both of them. When this is the case, the solution is more of a compromise, and has the best chance of ending with both involved in the conflict walking away satisfied. Arbitration, on the other hand, takes all the power out of the hands of those who have interests in the final decision. When this happens, the solution may not satisfy both parties involved, and can lead to one side being much more disgruntled than the other. A drawback to mediation is that it can lead to agreements between the conflicting parties that do not completely resolve the conflict, but only suppress and settle them, resulting in further anger and disconnect between those involved (Cloke, 2001). Of course, there are always positives and negatives to almost any approach we take to solving conflicts. It is always up to those involved in the conflict to decide what the best procedures to take are in order to reconcile their differences from the beginning. If mediation and arbitration is their best solution, the American Arbitration Association is one choice they have.
The American Arbitration Association, also known as the AAA, provides a service in the field of third-person conflict resolution. They help in the appointing of mediators and arbitrators to those in disputes, and provide information on conflict resolution options to those seeking their assistance. When pertaining to my professional career of sales, they would be able to provide assistance in settling disputes between clients who are unhappy with the products they purchased, but are being refused a full refund by my company. This happens often in my work. Usually, it is because a client has purchased something after viewing it on our showroom floor, had it delivered into their home, and after a long period of time decided that they just did not like it anymore. My company views this as a “preference,” not a defect in the product that was purchased. We do have a return policy set in place where the customer may send it back, but they would have to pay a substantial restocking fee, as well as the delivery fee. The clients, in a lot of cases, do not understand the reasoning behind this, and feel that because they are unhappy with what they purchased they should be fully reimbursed. The use of the American Arbitration Association as a mediator between the client and the company would save both parties a lot of time, and settle the disagreement for them. This would also save people in my position a lot of time and stress, because we are always caught in the middle of it and our commission is effected by the decision that is made.
The use of mediation and arbitration in conflict resolution, although effective, is only one way to reconcile the differences between those involved. They have both positive and negative effects on the process, but will still lead to a solution. In the end, the parties involved in the conflict have the ultimate decision whether or not to take this path in finding a resolution to the conflict. What might work for some, will not have the same outcome for the others. What matters most is how well those in conflict communicate from beginning to end. Communication, as it is with everything else in our society, is the key to success.
Cloke, K. (2001). Mediating Dangerously: The Frontiers of Conflict Resolution. John Wiley & Sons. Retrieved from http://site.ebrary.com/lib/ashford/docDetail.action?docID=10001722&p00=mediation%20conflict
arbitration. (n.d.). Dictionary.com Unabridged. Retrieved May 09, 2011, from Dictionary.com website: http://dictionary.reference.com/browse/arbitration
mediation. (n.d.). Dictionary.com Unabridged. Retrieved May 09, 2011, from Dictionary.com website: http://dictionary.reference.com/browse/mediation
Roberts, M. (2007). Developing the Craft of Mediation: Reflections on Theory and Practice. Jessica Kingsley Publishers. Retrieved from http://site.ebrary.com/lib/ashford/docDetail.action?docID=10196739&p00=arbitration%20conflict
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