Order Description;

You have been hired by a client as a conflict resolution specialist. You will be provided a conflict scenario that will outline the context. Your client has suggested two conflict resolution processes they are interested in using in their situation. Your client has asked you to prepare a briefing paper for their consideration, comparing the two processes and explaining how they could be used in their context.
In this assessment task you are required to:
– Briefly explain the two process options to your client
– Weigh the pros and cons of each process as they apply to the clients situation
You do not need to give advice to the client about which process you think would be most suited. You are asked to outline important points that they should take into consideration and assist them to make an informed choice.
Your comparison should be written in neutral language, giving no indication of your personal preference and providing as much relevant information about the pros and cons of each process as possible.
The client has to make a decision quickly and so it is important that you stick to the word count as they will only have time to read a short paper. You must therefore consider what you believe to be the most important information for their consideration in order to make an informed choice and discuss each point clearly and concisely.
Apart from the word limit you have not been given any style guidelines, although you know they will be reading the paper quickly so use of dot points or headings may assist. You will need to reference supporting documentation or academic sources that you use to inform your opinion using an appropriate academic referencing style.

Answer;

Introduction

Michael will be forced to use the conflict resolution method of choice in facilitating the peaceful ending of the dispute between him and his son Brian (Ho-Won, 2008). Occasionally, committed group affiliates attempt to resolve group conflicts by actively communicating information about their conflicting ideologies to the rest of the group by engaging in collective negotiation. Cognitive resolution is displayed in such a way participants in the conflict understand and view the conflict with perspectives and beliefs, and attitudes and understandings (Mayer, 2012). This document will discuss into details the process of conflict resolution using mediation and arbitration method.

Mediation

            The strategy involves an independent third party called the mediator who helps both sides establish agreeable terms. Mediation is a flexible process that can be applied in settling disputes in a range of situations such as contract disputes, consumer disputes, neighborhood disputes, and family disputes (Parkinson, & Robinson, 2011). The mediator plays a key role in helping the parties reach a solution to their prevailing problem and arrive at a mutually beneficial outcome. Mediators should avoid taking sides while giving guidance or making judgments. Such individuals are responsible for developing effective communication and building consensus between the parties (Moore, 2014). The focus of a mediation meeting is to come to a common sense settlement agreeable to the parties involved in the conflict.

How Michael Will Implement Mediation

Mediation will give Michael’s family an opportunity to talk about important issues in a safe and confidential environment. The process will also help in improving communication between both parents and their child. The parties should state their problems to the mediator, gather relevant information that would be used in resolving the dispute, and then identify the problem. The parties should bargain and generate suitable options in relation to the outcome of the dispute resolution (Parkinson, & Robinson, 2011).

Arbitration

            The parties involved to an argument refer the dispute to the arbitrator and agree to be bound by the decision of the arbitration (Cross, 2006). The arbitrator reviews the evidence in the case at hand and imposes a decision that is lawfully obligatory on both sides and enforceable by a court of law. Arbitration may be voluntary or compulsory depending on the nature of the disagreement. Arbitration will help Michael to avoid difficult, expensive, and often lengthy court cases. He will be able to choose the arbitrator of choice for convenience.

How Michael Will Implement Arbitration

Michael will maintain confidentiality of the resolution that will be agreed on by using arbitration. Primarily, Mr. Michael should engage in the process of looking for a qualified arbitrator. He should make sure that the chosen individual has desirable attributes that would be suitable in resolving their dispute. Secondly, the parties to the arbitration should engage in a preparatory conference where the procedural details to be followed will be discussed. The parties should then engage in a session of exchanging exhibits and statements of position (Mayer, 2012). After the exchange of exhibits, Michael should now be ready for the hearing after which the awards will be granted depending on the ruling agreed upon.

The following outlines the differences between mediation and arbitration as the forms of conflict resolution that Michael has chosen to settle the dispute with his son Brian;

Mediation

  • The mediator must not posses any form of legal training
  • The function of the mediator is to assist in negotiation.
  • Mediation will mostly involve a single mediator.
  • Choice of the mediator has an important effect on the settlement reached in solving the dispute.
  • The agreements to mediate are enforceable and therefore, the parties must make a good faith effort to arrive at a settlement accord.

Arbitration

 

  • It is compulsory for an arbitrator to have legal training.
  • Arbitration might involve a single arbitrator or a panel of arbitrators.
  • The choice of an arbitrator is vital, and especially in panel situations which can lead to further legal action.
  • The agreements to arbitrate are generally enforceable and the parties are required to accept the arbitrator’s decision like the dispute was handled in a courtroom.
  • Arbitration ends when the decision is handed down.

Advantages of Arbitration

By using arbitration is solving the disagreement between Michael and Brian, the following advantages are perceived;

  • Unlike in court litigation where Michael cannot choose the judge, arbitration will allow him to choose the arbitrator of choice. This is very useful because the dispute between Michael and Brian is highly technical as it involves family members.
  • By choosing arbitration Michael, will most likely experience flexibility. The method is also cheaper compared to cases held in courts and Michael will definitely save time as the method is faster.
  • During the arbitral proceedings, Michael will have the authority to choose the language of the arbitrator unlike in judicial litigation where a given official language must be used (Redfern, 2004).
  • Michael will enjoy the benefit of confidentiality because what will be resolved is not meant for the public.

Disadvantages of Using Arbitration

It is not guaranteed that Michael will enjoy only the benefits as arbitration faces various disadvantages such as;

  • The final decision made by the arbitrator is impossible to overturn. Once the arbitrator has given a ruling or decision, it is not possible to seek redress in the court of law (Redfern, 2004). This implies that Michael should be very careful while choosing he arbitrator to avoid losing on the agreement, which is meant to be a win-win procedure.
  • Although arbitration will tend to offer more privacy compared to court proceedings, chances of transparency will not be adhered thus leading to biasness of the ruling. In relation to this, Michael should ensure that there are no cases of corruption.
  • Incidences of bias may be experienced because the proceedings of the arbitration process are private and not presented or reviews in court. Therefore, Michael should ensure that the arbitrator is knowledgeable and not judgmentally impaired.
  • Michael should carefully weigh the pros and cons of arbitration before signing any contract that mandates arbitration in the dispute between him and the son.

Advantages of Mediation as a Conflict Resolution Process

  • Mediation will increase the control that Michael’s family has over the resolution to be agreed on. In contrast, the parties would obtain a resolution whose control rests with the judge in case of court litigation. Mediation is beneficial because it will most likely produce a mutually agreeable result by the parties (Bingham, 2004).
  • Michael will experience privacy of the ruling because the mediation will remain strictly confidential unlike in the court where everything is made public. Therefore, only Michael, Marg, Brian, and the mediators will know what happens while resolving the dispute. The mediator should destroy the notes made during the mediation process once the mediation is over, and the court has no capability to force the mediator to testify in a court of law.
  • In addition, mediators are trained to work in difficult situations. The mediator should act as a neutral facilitator and guide the parties towards the resolution process. For instance, the mediator will help Michael think beyond the normal reasoning for possible solutions to the dispute, increasing the range of possible resolutions.

Disadvantages of Mediation

  • Mediation does not constitute an ideal way to get to the truth of the matter. For example, in a courtroom setting, lawyers have many tools to get individuals to testify and generate evidence that are not available to the mediators.
  • Most experts in abusive relationships do not believe that mediation is suitable in cases where there has been domestic hostility (Preacher, & Hayes, 2004). They instead believe that mediation might just provide another approach for the abuser to harm the other party. Therefore, Michael depending on the nature of Brian’s mistakes, he may not be able to assert his position in the mediations informal setting.

 

  • The mediation may fail, as the parties might not come into an agreement on the dispute. In such a situation, the parties involved ill have to seek the expensive and time-consuming process of trial after wasting considerable amount of time and money in the mediation process.

Conclusion

In conclusion, depending on the preferences of Michael and the prevailing conditions of the dispute between him and his son, he will be able to choose the better method to solve the conflict. Mediation does not lead to a loss of enforcement mechanism hence it is meant to be a contract whose performance can be compelled by later court action in case one party fails to honor the outcome. The neutral party involved in arbitration will listen to the evidence and then decide the outcomes without favors. He will have to consider the efficiency, applicability, effectiveness, and costs of the methods in order to establish the better option between mediation and arbitration.

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