When a dispute arises mediation and arbitration are important steps to resolving conflict.
Therefore, I will discuss why mediation is important. What are its draw backs or what are it’s
negative aspects and what types of disputes can be utilized by mediation. I will also explain the
role and importance of the American Arbitration Association. And I will examine how the triple A
can be used for my career, should I encounter conflict in the future.
One of the first steps to resolving a dispute or conflict, is through a counselor or a mediator,
“Because they are viewed as unbiased facilitators of communication between the parties in a
private setting” (Abigail & Cahn, 2007, pg.252). And because it allows conflicting parties to
engage in communication and express their feelings openly. However, statistics show that
mediation has a high success rate, but only if the participants are willing to compromise and
follow the steps that are required for resolving a dispute, so it is not up to the mediator to
succeed in resolving the problem; it is up to the parties who are trying to resolve the dispute.
However, the mediator does have several duties. For example, a mediator is neutral and they
cannot take sides. Also as I mentioned before, mediation allows both parties to speak freely,
so a mediator is well prepared and has the ability to communicate effectively with the
parties in conflict and finally mediation promotes resolution of conflict by encouraging
cooperation rather than competition.
But mediation does have its draw backs. For example, if people trying to resolve
a dispute; expect a mediator to give them advice, than they should look for a specialist who can
give them what they want. Because a mediator’s job is not to give advice, it is to listen and try to
find ways to improve communication for those in conflict, in other words if the people in conflict
cannot find resolution through communication and compromise, than there is not very much a
mediator can do for them.
Therefore, some types of disputes can be utilized for mediation and some types of disputes
cannot be utilized for mediation. For example, mediation can be used for marriage counseling.
However, the mediator cannot give the married couple advice, but he can open up the channels
of communication for the couple and try to resolve their problems by letting them express
themselves openly. And a mediator can also provide assistance in an ethical dispute between
two employees in an organization. For example, they can take notes or try to open up the
channels of communication, but a mediator cannot take sides or give advice if an ethical dispute
arises. And if the opposing employees are not willing to cooperate, there is not much a mediator
can do to resolve the dispute. Also there are some conflicts a mediator cannot take part in. For
example, mediation is not possible in a traffic accident where someone is at fault, because a
mediator is not allowed to assign blame, when a dispute arises.
Therefore, if I should ever encounter a dispute that requires mediation or if my supervisor at
the organization is unable to resolve my conflict, there is an association that handles disputes,
the name of the organization is The American Arbitration Association. And the purpose of the
AAA is to provide mediation or arbitration to people and organizations who wish to resolve
Conflict or disputes outside of court. However, the AAA has many other roles. For example, the
AAA provides administrative services in the US and the administrative services set up mediation,
select mediators, set hearings and resolve disputes. “Additional AAA services include the design
and development of alternative dispute resolution (ADR)Systems for corporations, unions,
government agencies, law firms and courts”(AAA missions and principles, 2007).
The AAA is also important because it provides learning about conflict resolution, classes for
Training, publication for those seeking to find out more information about its services, and
election services. And the AAA also has created five new areas or divisions for customers. For
Example, “Commercial, construction, international, Labor/employment/elections and State
Insurance” (AAA missions and principles, 2007).
And knowing this information about the AAA is very crucial knowledge for my career. Because it
gives me another option for resolving disputes, in the event a conflict should ever arise.
However, one of the best resources provided by the American Arbitration Association,
is case administration, which is very important because it ensures me that they will manage my
case effectively and efficiently. And it also gives me the best option or the best way to manage
the mediation process, because if I don’t take the proper steps, the mediation process could be
very expensive and time consuming.
References
American Arbitration Association. (2007). AAA Missions & Principles. Retrieved from
Http://www.adr.org/
Abigail, A. R., Can, D. D. (2007). Managing Conflict through Communication. Boston:
Pearson Education.
