Arbitration

Descriptions, definitions, synonyms, organizer terms, types of

Arbitration is an alternative dispute resolution strategy where an impartial third party is appointed by mutual consent to direct the negotiation process. This process can be either informal or formal, meaning the legal route. The arbitrator may be mutually respected or unknown to the disputants. Each party has an opportunity to submit their viewpoints and the third party then renders a fair solution to the problem. Both mediation and arbitration utilize a third party. In arbitration, however, the judgment of the third party is binding and irrevocable on both of the other parties. At a commercial level, the arbitrator’s decision can be revocable only in the case of corruption, fraud, or prejudice by the arbitrator. Otherwise, the arbitrator’s decision is binding by law, if conducted formally.

Arbitration is only one type of resolution strategy. Other types of resolution strategies are: gathering new information, therapy, fight, flight, avoidance, negotiation, mediation, and litigation. One of the most recent developments includes online dispute resolution.

Arbitration can occur between individuals or groups. It can occur between companies when there is a dispute, and so there is commercial arbitration. It also can occur between nations. An example of this is with the 2004 Ghana-Telekom Malaysia dispute. While being actualized to resolve international conflict, arbitration follows similar procedures except that there is no law enforcement of the results.

Application in classrooms and similar settings

There are many benefits from this type of conflict resolution. According to CRInfo for Educators these benefits include: the conflict can be handled quickly, it reduces erratic decisions, and can be done privately and confidentially if necessary. In the classroom conflicts often need to be settled quickly, by a consistent and informed third party (teacher) and resolved in and/or out of class.

Example, children may ask another friend to arbitrate in place of an authority figure. This is often referred to as mediation as well.

Arbitration can take place at the school level. A recent article in the New York Daily News (May 11, 2005) discussed how the arbitration method could be used when settling disputes between administrators and teachers they consider incompetent and wish to remove.

Evidence of effectiveness

There are benefits to arbitration, in that arbitration is cheaper and faster than litigation. Usually arbitration can be held privately and so others will not be aware of its proceedings. The arbitrator is chosen so that s/he has expertise in the area of conflict.

How to Choose an Arbitrator

• There are many methods of choosing or in some cases appointing an arbitrator. Sometimes in the business world there are as many as three arbitrators hearing a case. In some cases each side picks an arbitrator and then the two arbitrators pick a third. Often cases in arbitration involve complex issues that require expertise in areas relevant to the case and that is why more than one person is needed to hear the case.
• Choosing an arbitrator is very much like choosing an attorney, in that you should look for many of the same attributes. Additionally one should look for a person experienced in the field of dispute who is fully capable of keeping the proceedings professional. Attention should also be paid to whether they have a tendency to favor the plaintiff or the defense. Finally one should also inquire as to how quickly decissions are rendered after the hearing.
• In a school setting a governing body, such as Student Council, could be responsible for appointing a panel of student arbitrators that could be rotated every quarter of the school year. They could work in concert with school administrators as to when and in what capacity their services would be used. A similar plan is used by various universities to deal with rule infractions and ethics violations. For instance, at the University of Illinois Housing Division, there is a student panel of arbitrators that make up the Residence Hall Judicial Council.

Critics and their rationale

Opinion: Teachers often have to serve as arbitrators in the classroom. Remembering the following key point from the definition above, "a neutral third party", will greatly enhance the perception that your decision is fair, equitable and in the best interests of the class.

Signed life experiences, testimonies, and stories

Submitted by Matt Munley I have experience as an arbitrator not in schools but as the head of the judicial board for my fraternity. for a long time the judicial board was looked upon as a punishment system, but i changed its motives to one more oriented toward problem solving and arbitration. I created a brand new rule system designed to counsel my brothers and resolve issues in a far and quick manner. interestingly enough, this actually led to fewer disputes, since most issues were fully resolved when they first became a problem, so there weren't any persistent problem.

Submitted by Jasmine Johnson In some schools, the third party arbitrator is another student (trained in peer counseling) or a student council organization, or a group formed simply to mediate student conflict. Although I think its important that teachers or other adults are involved in the student mediating process, I think its just as important, if not more, if students themselves were involved. Peer mediation can sometimes add a fairness to the mediation, by removing the adult authority or more so sharing some (empowering) students, and additionally allowing students to develop strong leadership skills.

Submitted by Jbaxter Right now our support staff is gong through legal arbitration for their work contract. This process is stressful for both sides that are involved. Luckily there is a third party involved who can be impartial so that both sides can get their needs meet. In my flex period, we are having a debate unit. This unit I have two parties giving their side and then having rebuttals. I am the 3rd party that is neutral and I really never realized how difficult it would be to remain impartial to both sides.

Submitted by C. Watson I believe that mediation is a worthy process. In our class we did mediation on-line. When all parties were able to access a chat session at the same time, the mediation was very successful. The problem was when the mediation occurred over a span of time with each party going to the chat room and posting their response in turn. The largest issue was the time delay. The mediation where everyone comes to the room in turn has taken over a month and still there is no resolution.

I have been in situations where a school had peer mediation as a possible first step in resolving a student-to-student conflict for minor events. It was very successful in limiting the escalating degree of a situation. The problem is that it does require training for the students and of course that requires money to be put out by the school. Money, the lack there of, seems to be a large problem in the case of most schools for most programs.

As I stated in class, in the school district I am fro, the district uses an alternative method so the student's education would not be interrupted. One of the methods is arbitration. This process allow student to solve their issues, it is guided by by an experienced educator. It assisted the teacher to be more effective and students be better problem solvers--C. Graham

References and other links of interest

Abrams, J. I. (2003) “Lessons from the Playground: What We Can Learn From How Kids Resolve Their Disputes�? http://mediate.com/articles/abramsj1.cfm

Arbitration in [1]

Businesses and arbitration (positive perspective of arbitration) [2]

CRInfo for Educators - Help for Educators and Trainers Teaching in Conflict Resolution-Related Fields: [3]

Moodle EPSY 406 Glossary: Mediation [4]

An urgent call for reform. New York Daily News. May 11, 2005. [5]

Legal Advice For Free [6]

Oregon Bar Association [7]

National Arbitration Forum [8]