Arbitration And Mediation Analysis

Arbitration and mediation are two methods of resolving issues between two parties whose opinions may differ. In many cases, both of these methods may allow for a dispute to be resolved without the need of litigation as an alternative dispute resolution. In many cases, alternative dispute resolution tactics allow for an amicable resolution to be reached between both parties. However, due to the lack of total authority being held by arbitrators, in some cases individual’s may opt to seek out resolution by means of formal litigation proceedings. In the 2002 case of Dunnett v Railtrack, the court finalized its opinion that regardless of how weak one parties’ argument may be perceived, it is suggested that a resolution be reached by means other …show more content…
This method of resolving issues is often utilized in cases involving disability discrimination, race, sex or other sensitive areas of concern to reduce the occurrence of hardships for an employee who may potentially remain employed by the other party involved in the proceedings (Gilhooley, 2009). In the same regards as traditional mediation, judicial mediation may be presented as a potential option, however, it is an option that must be mutually agreeable to all parties involved. Since its inception as a pilot scheme in 2006, judicial mediation as early as 2008 was being viewed by many as an effective alternative to traditional mediation whenever there is an issue requiring sensitivity or privacy for either party involved. In cases where the option of judicial mediation is mutually agreeable by all parties involved, the potential benefits of arriving at resolutions that are tailored to meet both parties needs and allowing any known or potential damage in the relationship between parties to be addressed is also a potential aspect which stands to be mutually beneficial for both parties involved in the process. In instances in which the expectations, goals or desired outcomes greatly differ between parties, judicial mediation designed …show more content…
While the outcomes of all methods should ultimately be that legitimate issues are appropriately resolved, individuals as well as organizations should invest the time needed to fully understand the consequences, both good and bad, of the specific avenue they choose to utilize in resolving issues. Largely in part to these potentially negative aspects of seeking out litigation, the governing body regarding many employment related issues, the United States Department of Labor, has formally offered up the opinion that to best address situation involving known or perceived violations of the Fair Labor Standards Acts, Title VII of the Civil Rights Act, the Americans with Disabilities Act and/or the Age Discrimination in Employment Act, that employers are best served when they invest the time to design an employee grievance program that allows employees to have a voice in developing policies pertaining to the resolution of complaints (“Employment Litigation and Dispute Resolution,