NCJ Number
96273
Journal
Mediation Quarterly Issue: 5 Dated: (September 1984) Pages: 53-63
Date Published
1984
Length
11 pages
Annotation
This paper considers whether mediation and arbitration as a sequence encourage or discourage the reaching of agreements, describes the arbitration and mediation services available in Washington State, and identifies typical cases.
Abstract
Mediation and arbitration are often used together, because they are complementary: mediation defines the dispute and identifies the issues on which the parties can agree; unresolved issues proceed from mediation to legally binding arbitration, so that the entire dispute can be settled outside the courts. Although mediation and arbitration are often sensible options to litigation, they do not work well in every case. For instance, if one of the disputants acts in bad faith, neither arbitration nor mediation will be effective, because such a disputant will not agree to a settlement nor to arbitration of unresolved issues. Arbitration and mediation programs in Washington State derive from efforts by the American Arbitration Association, Washington Arbitration Services, and the Better Business Bureau. Other business-consumer mediation/arbitration programs also operate. The American Automobile Association, for example, supports a dispute settlement program for its members, and the Home Owners Warranty Program is offered in connection with the sale of new houses built by builders registered with the Home Owners Warranty Corporation. Intra-industry arbitration, family law mediation, landlord-tenant programs, the Federal Mediation and Conciliation Service, and the Washington State Bar Association Fee Arbitration Board are also discussed.