Numerous mechanisms of conflict resolution are available to disputing parties. As a result, disputants may experience difficulties deciding the process that applies best in their particular situation. For example, disputants and their lawyers may have exhausted all their attempts at negotiating a resolution. When this happens, outside help can assist the parties in ending their dispute. However, the disputants may not know exactly which conflict resolution mechanism to use. There are several alternative dispute resolution (ADR) mechanisms that such parties may consider. Alternative dispute resolution mechanisms refer to methods of resolving conflicts that do not involve conventional litigation or traditional court processes ( Carper & LaRocco , 2008; McCabe, 2012 ). Two methods will be considered in this paper, namely mediation and arbitration.
Mediation aims to use a third party, who is neutral, to assist the disputants in coming to a consensus of their own volition. In this regard, as opposed to imposing a solution, the mediator works closely with the conflicting parties to explore the specific interests that underlie the position of each ( Carper & LaRocco , 2008; McCabe, 2012 ). This conflict resolution method is especially effective in helping the disputants express their feeling and share their grievances fully. The mediators work with the disputants together and separately in other instances. By doing so, the mediators help the conflicting parties in coming up with a resolution that is not only sustainable but also non-binding and voluntary.
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Similar to mediation, a neutral third party is used in arbitration. However, in this case, the third party acts as a judge and is thus charged with the responsibility of resolving the conflict. In particular, an arbitrator keenly listens to each party's arguments and the evidence presented by each before rendering a binding decision ( Carper & LaRocco , 2008; McCabe, 2012 ). The disputants are allowed to negotiate any component of the arbitration process. For instance, the parties can negotiate whether lawyers ought to be present and the standards of evidence to be used in the arbitration process. Ultimately, arbitrators offer confidential decisions. These decisions can also not be appealed.
Mediation and arbitration are often less expensive when compared to litigation. They are also geared towards accomplishing one goal, namely, a fair resolution of the issues presented ( Carper & LaRocco , 2008; McCabe, 2012 ). The conflict resolution methods differ in that in Arbitration, the neutral third party is responsible for hearing the evidence presented and making the final decision. This implies that arbitration is similar to a court process since the conflicting parties provide testimonies and offer evidence just like in a trial but do this in less formal settings. Conversely, mediation entails a negotiation in the presence of a third party. Unless the conflicting parties agree, a resolution cannot be reached in mediation.
Mediation is used when conflicting parties have difficulties negotiating a resolution to their dispute independently. This form of ADR is applicable in numerous scenarios, including disputes between merchants and customers, employees and their employers, tenants and landlords, personal injury cases, and complex and simple business disputes ( McCabe, 2012 ). Mediation may also be used in resolving family-related disputes such as child visitation and custody rights, divorce, and eldercare. Mediation is also applicable at any phase of a conflict resolution process, including facilitation of settlements in a pending case. On the other hand, arbitration is commonly used in resolving labor disputes. For example, arbitration may be used to resolve disputes between a city and its police force over remuneration. Numerous contracts feature clauses that require any disputes arising from these contracts to be arbitrated. Such provisions are provided when one is applying for credit cards or opening retirement accounts. The same applies when opening accounts with stockbrokers.
Since both conflicting parties take part in the conflict resolution process during mediation, they are likely to adhere to the settlement that has been agreed upon. However, one drawback of mediation is that the conflicting parties may disagree, in which case they end up going to court eventually ( Carper & LaRocco , 2008 ). Arbitration is used in avoiding the risk of conflicting parties disagreeing and thus ending up in court. This is mainly because an arbitrator makes legally binding decisions. A key drawback of arbitration is that either one or both parties may end up being more dissatisfied with the final result ( Carper & LaRocco , 2008) . In this regard, the American Arbitration Association (AAA) is experienced in ADR and offers services to organizations and individuals who are keen on resolving their disputes out of the courts. Specifically, the AAA's role in resolving conflicts includes the administration of cases ( American Arbitration Association , 2021 ). This role ranges from filing cases to their closure. The AAA is responsible for providing administrative services not only in the U.S but also overseas via the International Centre for Dispute Resolution (ICDR).
The services of AAA apply to organizational management in various ways. In particular, the organization's services could be useful in resolving conflicts related to human resources and employment contracts. The organization can also help resolve various sensitive workplace disputes, both expeditiously and efficiently ( American Arbitration Association , 2021 ). These workplace disputes may arise from an employer plan, a negotiated or executive employment contract or agreement, or lastly, an independent contract agreement with an organization or business entity. Such disputes may involve work-related or work claims, including those associated with statutory claims.
References
American Arbitration Association (2021). About the AAA and ICDR. Retrieved from https://www.adr.org/about
American Arbitration Association (2021). Employment arbitration under AAA administration. Retrieved from https://adr.org/employment
Carper, D. L., & LaRocco, J. B. (2008). What Parties Might Be Giving Up and Gaining When Deciding Not to Litigate: A Comparison of Litigation, Arbitration and Mediation. Dispute Resolution Journal , 63 (2), 48.
McCabe, D. M. (2012, July). Alternative Dispute Resolution: Mediation, Arbitration, and Non-Union Grievance Procedures-A Research Analysis and Research Agenda. In Competition Forum (Vol. 10, No. 2, p. 61). American Society for Competitiveness.
