The Roles of the Arbitrator and the Mediator in the Negotiation and Bargaining Process

Procedures in Arbitration and Mediations 

In mediation, parties in conflict realize they are achieving no progress and desire to reach settlement, thus request a mediator’s help through a mediation service (Carrell & Heavrin, 2008). A mediator with no relation to the parties is assigned at the agreement of the parties. The steps afterwards include initial conference, schedule of sessions, formal retainer, information gathering, settlement proposal, and agreement (Carrell & Heavrin, 2008).Arbitration, on the other hand, entails a preliminary hearing, opening statements, rules of evidence, witnesses, summation, and the arbitrator’s award and opinion (Carrell & Heavrin, 2008). 

Roles of the Arbitrator and the Mediator in the Negotiation and Bargaining Process 

The role of an arbitrator in the negotiation and bargaining process is to render a final binding decision to conflict after considering the facts involved. On the other hand, the role of the mediator is to facilitate a mutually acceptable resolution between the parties (Carrell & Heavrin, 2008). 

Roles and Functions of the American Arbitration Association (AAA) and the Federal Mediation and Conciliation Service (FMCS) 

The American Arbitration Association (AAA) and Federal Mediation and Conciliation Service (FMCS) offer mediation and arbitration services formally. Along with providing mediators and arbitrators, the organizations also offer guidelines on mediation and arbitration through regular publications (Carrell & Heavrin, 2008). Ultimately, their aims entail moving cases through arbitration and mediation while ensuring impartialness and fairness until completion ("About the American Arbitration Association® (AAA®) and the International Centre for Dispute Resolution® (ICDR®) | ADR.ORG," n.d.). 

Procedures Involved when Parties Have Reached an Impasse and are in Need of an Alternative Dispute Resolution (ADR) 

When parties have reached an impasse and are in need of an alternative dispute resolution, they turn to third parties who intervene to aid them reach a settlement. The methods explored include mediation, arbitration, or a hybrid of the two (Carrell & Heavrin, 2008). 

References 

About the American Arbitration Association® (AAA®) and the International Centre for Dispute 

Resolution® (ICDR®) | ADR.ORG. (n.d.). Retrieved from https://www.adr.org/about 

Carrell, M. R., & Heavrin, C. (2008).  Negotiating essentials: Theory, skills, and practices . Retrieved from https://content.ashford.edu/