NCJ Number
107529
Journal
Negotiation Journal Volume: 2 Issue: 3 Dated: (July 1986) Pages: 225-231
Date Published
1986
Length
7 pages
Annotation
This analysis of major processes used in dispute resolution focuses on the distinctive characteristics and the confidentiality issues involved in arbitration, mediation, 'med-arb', mediation of grievances, and mini trials.
Abstract
Arbitration is essentially a passive profession in which the arbitrator presides at hearings, listens to testimony, takes evidence, reviews the evidence, and makes findings of facts and renders a decision. Arbitration is based on established principles and is more like a science than an art. In contrast, mediation is an active profession. The mediator makes many decisions while conducting an informal, free-flowing process without a predictable end. Med-arb is a hybrid process in which parties agree in advance that the impartial third party will use arbitration only after voluntary mediation is unsuccessful. Mediation of grievances contrasts with med-arb in that mediation is a step that is separate from the subsequent arbitration proceeding, which is handled by an experienced arbitrator. A similar process is the minitrial, in which attorneys informally present their cases in the presence of corporate executives from all sides. These executives have the authority to settle or to sue. Mediators can function effectively only if the parties are assured of confidentiality. Codes of professional conduct for both mediators and arbitrators state the need for confidentiality. Regardless of the process used, the dispute resolver needs to ensure that all parties understand the implications and the limitations of the process being used. Notes and 7 references.