3rd Posting - Conflict Resolution

Mediation Vs. Arbitration?

http://library.findlaw.com/1999/Jun/1/129206.html

I thought I would post about conflict resolution since that is our new topic in class. I have learned about conlfict resolution in another class I took and can remember taking about mediating a conflict versus being an arbitrator.

How are they the same?
Both mediation and arbitration use a third party to help solve a conflict. They are used to help facilitate the resolution process and avoid continuing conflict.

Whats the difference?
A mediator is a neutral third party that does not judge the situation or have a say in the outcome. The mediator is a facilitator, not a decision maker. They are simply there to help facilitate a discussion and eventual resolution of the dispute. Both parties in the conflict can speak freely to the mediator who will limit the issues and put them in perspective. A mediator can act as a way for people to get things off their chest and also benefit from hearing the other side of the arguement.

An arbitrator is more like a judge. They can make decisions about the arguments made by each party and decide who they feel is correct. Arbitration is more commonly used when the parties have no likelihood of being able to come to an agreement. If there is a need to come to a conclusion such as in a businees or legal scenario, an arbitrator is a good alternative to a judge. It often wise to have more than one arbitrator in a conflict.

- George Vauter