Sample Essay on:
MEDIATION, ARBITRATION AND THE USE OF THE STRATEGIES

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Essay / Research Paper Abstract

Thbis 4-page paper questions if mediation and arbitration share a synergy and if both can be used to help resolve problems and challenges. Bibliography lists 2 sources.

Page Count:

4 pages (~225 words per page)

File: D0_MTmedarb.rtf

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Unformatted sample text from the term paper:

resolution of a complication or indecision. Theres been a great deal of literature written about use of both of these strategies separately and together when it comes to their usage - both with pros and cons from the authors. The question, however, becomes, whether too much is too much, and if use of both mediation and arbitration might simply be too much when it comes to negotiation. Can the relative advantages of mediation and arbitration create synergy in a combined strategy? If so, then how? Before starting, it might first be helpful to define mediation, arbitration and the differences between the two. Mediation involves third party intervention in a dispute, in an attempt to help the disputants obtain a voluntary settlement that is helpful to both sides (Ross and Conlon, 2000). Meanwhile, arbitration, which is more of a formal method, involves the third party holding a hearing, during which the disputants offer their particular sides of the story or problem, then call witnesses and supporting evidence for their particular positions (Ross and Conlon, 2000). Following that, and after examining the evidence and witnesses, the third party then comes to a conclusion and issues whats called a binding decision (Ross and Conlon, 2000). The similarities between both of these methods is that there is a third party who is brought in to help resolve the issue. Whether arbitration or mediation is better depends on whether the disputants want a more formal or informal inquiry. At any rate, Ross and Conlon (2000) believe that the answers to the above two questions are "yes," and they answer ...

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