In arbitration, the neutral play an important role in assisting the disputing parties to solve their disputes. The first role of the neutral in the arbitration process entails the facilitation of effective communication between the conflicting parties. Communication is critical as it helps in identifying the nature of dispute existing between the parties. The second role the neutral involves managing the meetings between the parties. A neutral remains in charge of all the proceedings relating to the dispute in order to ensure that the conflicting parties are in a position to come up with ultimate resolutions to the disputes (Golann & Folberg, 2016). However, the neutral is not mandated to provide solutions or any legal advice to the conflicting parties. Lastly, the neutral capitalizes on raising important issues that may provide the parties with a platform to explore different options concerning resolutions to their disputes.
To capitalize on the success of the arbitration process, the neutral is mandated to engage in adequate preparation that allows for effectiveness during the process. Firstly, the neutral focuses on choosing an appropriate dispute resolution process that may be relevant for the given case (Menkel-Meadow & Manwaring, 2019). Choosing an appropriate process helps in ensuring that the dispute is addressed effectively in order to capitalize on obtaining effective resolutions. The second step during the preparation entails understanding of rules and guidelines associated with the mediation process in order to understand critical elements associated with the process. The third step during predation entails creation of a case road map as part of preparation for the process in order to ensure the development of appropriate negotiation strategy. Lastly, the neutral takes charge of the proceedings and obtain authority to settle the dispute by engaging the conflicting parties.
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References
Golann, D., & Folberg, J. (2016). Mediation: The roles of advocate and neutral . Wolters Kluwer Law & Business.
Menkel-Meadow, C., & Manwaring, M. (2019). Mediation, Arbitration, and Other Neutral Roles. Negotiation Journal , 35 (1), 161-162.
