How can you use third-party mediators and arbitrators to manage conflict?

This summary to the left isn't accurate, at least as far as English law goes. Arbitrators make binding awards, in many ways like a court judgment. In fact, an arbitral award can usually be appealed on fewer grounds than a court judgment. Mediators don't impose their view - they facilitate the parties in reaching an agreement. I have found mediation to be a useful tool in many matters.

At Arbitra International, where I work, we have a range of mediators and arbitrators, both lawyers and non-lawyers. The one thing they have in common is that their dispute-resolution practices are managed separately from their work as neutrals, i.e. we only focus on their work as arbitrators, mediators, and dispute resolution boards and adjudications, which are specialist ways of resolving construction, energy and infrastructure disputes. We can provide options for arbitrators, mediators, dispute board members and adjudicators in various sectors and jurisdictions. The key is that they are all independent and free of conflicts of interest and that they have experience in substantial disputes under critical arbitral institutional rules.

When it comes to managing conflicts at work, bringing in 3rd party mediators or arbitrators can be a game-changer. They provide an impartial perspective and help ensure fairness. Mediators specialize in facilitating communication and finding common ground, making them great for resolving disputes through dialogue. Arbitrators act more like judges, making binding decisions based on evidence presented by each side, which can be useful when a quick resolution is needed. It's essential to consider factors like cost, timing, and the nature of the conflict before going this route. Like deciding whether you need a coach, a referee, or a judge in a game – choosing the right one can make all the difference in reaching in effective resolution.

Knowing when to bring in help to manage conflicts at work is pivotal. Mediators are like skilled negotiators who help parties find common ground through open dialogue and collaboration. They're a great choice when you need to preserve relationships and encourage cooperation, such as in team disputes or interpersonal conflicts. On the other hand, arbitrators act provide a court room experience which can be necessary, like in contract disputes or legal matters. The decision to bring in a 3rd party should consider factors like the complexity of the issue, the willingness of parties to cooperate, and the desired outcome. It's about choosing the approach that best fits the specific conflict at hand, ensuring a fair and efficient resolution.

First, consider the nature of the conflict. If it's a complex issue requiring ongoing dialogue and a collaborative solution, a mediator who excels in facilitating communication might be the best fit. If you need a swift and legally binding resolution, an arbitrator with expertise in making impartial decisions could be more suitable. Additionally, look at their qualifications and experience – you want someone who understands your industry and the specific issues involved. Don't forget about the cost and timing; these factors can vary significantly between mediators and arbitrators. It's about aligning the skills and approach of the 3rd party with the unique needs and goals of your conflict.

Understanding individual arbitrators' experience, skills, style, and legal expertise is essential in helping you select the most suitable individual to appoint in their dispute. Please ensure you understand and discuss the particular needs and requirements in every dispute to provide the best arbitrator is put forward.

Start by gathering all relevant information, documents, and any evidence related to the conflict. Think about your desired outcome and what concessions you're willing to make.Also, be prepared to communicate openly and honestly during the process; it's crucial for the mediator or arbitrator to understand your perspective fully. Like rehearsing your speech, practice explaining your position concisely and clearly. Lastly, keep in mind that the mediator or arbitrator is there to help find a resolution, not to take sides, so approach the process with a willingness to collaborate. It's similar to presenting to a neutral audience who can provide feedback and help you reach your goals.

It is vital to ensure you anticipate any types of dispute related to arbitrations, such as the construction and validity of arbitration agreements, the conduct of arbitrations, the removal of arbitrators, the granting of interim remedies, and the enforcement of awards and appeals. In the UK, consider whether you should instruct a lawyer to appear in the Commercial Court under the Arbitration Act 1996, e.g. to challenge an arbitral Award or to obtain a stay of court proceedings.

You can expect a neutral 3rd party to facilitate the discussion, ensuring that both sides have a chance to voice their concerns and perspectives. In mediation, the focus is on finding common ground and reaching a mutually agreeable solution through dialogue. It's a bit like a brainstorming session where everyone works together to solve a problem. Arbitration, on the other hand, is more like a formal hearing, where the arbitrator listens to both sides and makes a decision that's usually binding. Either way, expect a fair and impartial process, where your input is valued, and the goal is to find a resolution that's workable for all parties involved.