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This 3 page paper looks at the concept of arbitration. The concept is defined and explored and both positive and negative aspects are discussed. Bibliography lists 3 sources.
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3 pages (~225 words per page)
File: RT13_SA345arb.rtf
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neutral third party in order to tome to a resolution ("Arbitration," 2003). Arbitration in general is based on contract law or in some cases where international issues are involved, treaties
(2003). The agreement that is ultimately effected between parties, becomes a contract that is legally binding (2003). Arbitral decisions are thought to be final (2003).
When arbitration occurs in the context of domestic law, either one of the parties may appeal the decision but the court will usually not change the findings of fact
("Arbitration," 2003). Yet, the arbitrators behavior will be examined (2003). Many domestic jurisdictions stipulate that judges require either arbitration or mediation in respect to disputes to
resolve issues of family law , particularly in child custody cases (2003). Arbitration is a bit different from mediation and negotiation, although all three are sometimes used in domestic disputes.
Negotiation is a method that many are used to hearing about. What is emphasized in this approach is the generation of "mutually acceptable settlements" (Bush & Folger, 1994, p.12).
In other words, people would try to get to a position where their ideas would culminate in a compromise of sorts. The negotiation process is after all the traditional form
of settlement as in this process, one side gets a bit of what it wanted as does the other side. Here, there are all winners and no losers. Of course,
not everyone sees it this way. Mediation is like negotiation in that one or more outside assistants help the parties during their discussions (Carnevale & Pruitt, 1992 as cited in
Wischnowski & McCollum, 1995). With arbitration, however a third party is responsible for making a binding decision regarding a controversy (Carnevale &; Pruitt, 1992 as cited in Wischnowski &
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