Conflict Resolution: Arbitration Brooklyn Hawkins BCOM 5320: Managerial Communication Reginald L. Bell Prairie View A&M University November 25, 2022 Abstract This discussion will focus on arbitration which is a form of ADR. Arbitration is a formal process which puts an impartial third party in charge of hearing both parties and then coming to a decision that both parties are bound to. Arbitration is a step away from being litigation but is a preferred alternative because it is cheaper and has impartiality involved. Introduction Conflict is an inevitable thing in any business activity. Conflict occurs when there are different ideas to choose from amongst other things. People in conflicting situations must use conflict resolution in order to solve the issues they are going through. In conflict resolution all the outcomes are weighed and differing opinions to the options allow for a smoother or more difficult resolution depending on what they are. Sometimes conflict can be resolved through a third party who isn’t biased on either side of the conflict. This discussion will be focused on arbitration, an out of court method for conflict resolution (OBA, 2019). Arbitration is a conflict resolution technique that uses an impartial person to reach a decision. Arbitration is the step-in conflict resolution before litigation and basically takes away from a decision chosen by each party. Arbitration is less costly than going to court and gives each party an arbitrator is a qualified professional and acts as a neutral decision maker (Legal Aid at Work, 2022). Arbitration differs from mediation because in mediation a third party tries to help the parties at conflict reach a mutual decision. In arbitration as opposed to mediation, the arbitrator's final decision is the penultimate decision and if it is not obeyed the disobeying party may be sued. Negotiation is also different from arbitration and is usually the first step in the conflict resolution process. Negotiation is just conflict resolution directly between the conflicting parties and there is no third party involved. The main difference in arbitration is that there is a third-party hearing both sides and coming to a decision for them. There are 6 steps of the arbitration process. The first step is the case initiation stage. The AAA conveys a letter or email telling the gatherings that the case has been documented. This correspondence will likewise give data with respect to the intervention interaction. Dates for when the respondent ought to document a response to the inquirer's Interest for Intervention and for all gatherings to give some other required data will be set right now also. Further, assuming there are any expenses expected from any party right now, the AAA will likewise demand said charges. The second step is the arbitrator invitation stage. In this stage the AAA invites an arbitrator to serve on the case (AAA). In this step, the arbitrator mainly reviews case information and checks for conflicts. The third step of the arbitration process is arbitrator appointment. In this step parties are informed of the selected arbitrator and given the chance to protest the arbitrator looking into the issue. A due date for any protests is set and in the event that any complaints are received, the AAA will lead a cycle to choose if the arbitrator ought to be kept on or taken out of the case. In the event that the AAA chooses to eliminate the arbitrator, the case gets back to the arbitrator invitation stage, as recently depicted. Assuming the arbitrator is kept working on the case, the case proceeds to the following stage. The next step is the preliminary and information exchange stage. In this stage, a preliminary hearing call with the involved parties and the newly appointed arbitrator will be scheduled and held (AAA). In the call, preliminary issues are brought into the fold, an exchange of information between the two parties is then scheduled, and a hearing date is agreed upon. After the call, the arbitrator will issue a scheduling order that confirms the specifics and dates discussed on the call. The next step is the hearing stage. This stage is one of the most important because it involves each party presenting their cases to the arbitrator. This process can take place over the phone, in person, telecommuting, or through submitted written documents. In some cases, parties will submit written arguments after the hearing. The final stage of the arbitration process is the award stage. In this stage, the hearing is officially closed and a date for the issuance of an award is finally set. The arbitrator writes up an award, which effectively decides the outcome of the case. This is then sent to each of the parties and in turn ends the case. This final step ends the conflict between the two parties because an agreement has finally been reached between them. There are many different advantages and disadvantages of arbitration. An advantage of arbitration is that it is efficient and flexible. The discussion will routinely be settled essentially before. It could require a long time to get a court primer date, while an arbitration date can, generally speaking, be gotten inside two or three months. Furthermore, starters ought to be set up for court plans, which are regularly collected without hundreds, if not countless cases before you. Of course, arbitration hearings can accommodatingly be arranged considering the openness of social occasions and the arbitrator. A disadvantage of arbitration is that the decision is final. While this might be a positive if you find the arbitration choice good, you ought to know that assuming arbitration is restricting, the two sides surrender their right to an appeal. If one party feels the choice is wrong, there is no chance to address it. Although it can be seen as a disadvantage, this finality can also be an advantage. It can be seen as a final decision and way to decisively end the conflict that there was. Another advantage of arbitration is the impartiality that comes from the arbitrator. This gives the case an outside looking in feeling so that there is no bias and only the opportunity to find the best solution in the case. I think that impartiality is one of the best features of arbitration that helps out in conflict resolution in the workplace. Without the impartiality it seems that in some cases a reasonable solution would never be agreed upon. The professionality of the arbitrator also gives reason that their decision is one to be respected and that their word is truly final. The finality is also an advantage that helps in the workplace because no one can challenge the final decision and it ends any backdoor for conflict to arise again. Conclusion In conclusion, this discussion focused on arbitration as a means of conflict resolution in the workplace. It is a surefire way to get an impartial decision on a conflict and is less costly than solving the conflict in court. The impartial decision is final and must be obeyed by the parties in conflict, which makes this a fail proof option to conflict resolution. This discussion looked into many different things such as advantages, disadvantages, and steps of arbitration. References Arbitration of Business Disputes: Ins and Outs. Hg.org. (n.d.). Retrieved November 25, 2022, from https://www.hg.org/legal-articles/arbitration-of-business-disputes-ins-and-outs45381#:~:text=However%2C%20arbitration%20is%20usually%20free,both%20parties%2 0have%20been%20heard Methods for Resolving Conflicts and Disputes. Oklahoma Bar Association. (2022, May 23). Retrieved November 25, 2022, from https://www.okbar.org/freelegalinfo/disputes/ Clarifying arbitration in the workplace. Legal Aid at Work. (2018, December 10). Retrieved November 25, 2022, from https://legalaidatwork.org/factsheet/arbitration-atwork/ American Arbitration Association. (n.d.). Stages of the Arbitration Process. F., C. (n.d.). The Advantages and Disadvantages of Arbitration. San Jose Corporate Lawyers. Retrieved November 25, 2022, from https://www.sacattorneys.com/theadvantages-and-disadvantages-of-arbitration.html
