Methods of Dispute Resolution: Arbitration, Advantages

DISPUTE RESOLUTION
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Introduction
Dispute resolution is a way of resolving disagreements without going to a court CITATION Dis15 \l 2057 (Dispute Resolution). Disputes arise in the society due to differences among people. Some of the differences that bring about dispute are racial discrimination, unequal distribution of resources, religious differences, and political differences. Disputes have adverse effects on the parties involved. Such effects are loss of lives, destructions of property, and displacement of families. In the event of a dispute, it is very necessary to resolve the dispute and create peace between the conflicting parties. There are various methods that are commonly used to resolve disputes. Some of these methods are: arbitration, mediation, negotiation, conciliation, and facilitation. The efficiency of each method varies depending on the nature and extent of the dispute at hand. An approach may work in a given situation but may not work for another. There are various advantages and disadvantages of each of the methods of dispute resolution.
Methods of Dispute Resolution
1 Arbitration
This is a method of dispute resolution whereby the disputing parties involve a third party to help solve the dispute. Through the third party, otherwise known as an arbitrator, they present their views and the decision is arrived at based on the arbitrator’s point of view on the dispute. Arbitration has some advantages and disadvantages.
Advantages
* Normally, the arbitrator is someone who both parties trust to be able to come up with a fair and impartial decision. No matter the decision that will be arrived at, it will be binding for both parties.
* The dispute will normally be resolved much sooner, as a date for the arbitration can usually be obtained a lot faster than a court date CITATION All09 \l 2057 (Allen)
* Arbitration is less expensive since there are less fees involved in paying the arbitrator. Furthermore, there are no lawyers or witnesses involved.
Disadvantages
* There is lack of transparency since it takes place privately and therefore the justification of some of the presented evidence may not be achieved.
* The costs involved in arbitration have had a significant rise over the years. Arbitrators are demanding for more fees.
* Arbitration being more of a private affair, there may not be a public record for the proceedings that may be taking place.
2 Mediation
Mediation is when an impartial person (a mediator) helps people to negotiate with each other to resolve their dispute. It can be used when individuals have clear c...