Conflict Management Mediation Arbitration case 5 Essay

Conflict Management Mediation arbitrement case 5 - Essay ExampleThis, as expressed is a voluntary process and this c enter that the settlement cannot be imposed or forced on the disputants by the mediators.Arbitration on the different hand has been defined as A process in which a disagreement between both or more parties is resolved by impartial individuals, called arbitrators, in order to avoid costly and elongated litigation (Investor Words Arbitration, 2009). This is a procedure, where a third party holds a meeting for the disputants. This meeting is ordinarily a ground for the disputants to state the issues, facts, to provide witnesses and in any case any possible evidence for the positions (Herrman, 2006). There is also an existence of a combined strategy. An example if that of mediation arbitrement, which consists of ii stages. Firstly, mediation and consequently followed by arbitration. In certain cases it has been noted that mediation alone does not provide for a s olution for the argument and it is then that the third party would need to bring in arbitration as well. Here the third party would act as both an arbitrator as well as a mediator (Kagel, 1976, as cited in (Herrman, 2006)). There however has been a fairly new strategy which is a combination of the two and is referred to as arb med. This has been noted to have three phases In phase one, the third party holds an arbitration hearing. At the end of this phase, the third party makes a decision, which is placed in a sealed envelope and is not revealed to the parties. The second phase consists of mediation. The sealed envelope containing the third partys decision is displayed prominently during the mediation phase. hardly if mediation fails to produce a voluntary agreement by a specified deadline do the parties enter the third phase, called the ruling phase. Here, the third party removes the ruling from the envelope and reveals the binding ruling to the disputants (Cobbledick, 1992 Sand er, 1993, as cited in (Herrman, 2006)). To ensure