How can you identify the most effective arbitration strategies for conflict resolution?

1 Type of arbitration

There are two main types of arbitration: binding and non-binding. Binding arbitration means that the arbitrator's decision is final and enforceable by law, while non-binding arbitration means that the parties can reject the decision and pursue other options. The type of arbitration you choose depends on the nature and complexity of the dispute, the level of trust and cooperation between the parties, and the potential consequences of the outcome. Generally, binding arbitration is more suitable for disputes that involve legal rights, contractual obligations, or high stakes, while non-binding arbitration is more suitable for disputes that involve personal or emotional issues, or low stakes.

2 Selection of arbitrator

The arbitrator is the key person who will facilitate the arbitration process and make the final decision. Therefore, it is crucial to select an arbitrator who has the appropriate qualifications, expertise, experience, and impartiality for your case. You can find arbitrators through professional associations, arbitration institutions, or referrals from trusted sources. You should research the arbitrator's background, reputation, style, and approach, and communicate your expectations and preferences clearly. You should also consider the cost, availability, and location of the arbitrator, and agree on the terms and conditions of the arbitration.

3 Preparation of evidence

The evidence you present during the arbitration can have a significant impact on the outcome. Therefore, you should prepare your evidence carefully and thoroughly, and follow the rules and procedures of the arbitration. You should identify the main issues, facts, and arguments of your case, and gather relevant documents, witnesses, experts, and other sources of information. You should also analyze the strengths and weaknesses of your evidence, and anticipate the possible challenges and counterarguments from the other party. You should organize your evidence in a clear and logical manner, and present it in a persuasive and concise way.

6 Review of decision

The decision is the final outcome of the arbitration, where the arbitrator announces the result and the reasons for it. The decision can be written or oral, and can be delivered immediately or within a specified time frame, depending on the type and complexity of the arbitration. You should review the decision carefully and objectively, and understand the implications and consequences of it. You should also respect and comply with the decision, unless you have valid grounds to challenge or appeal it, such as fraud, bias, or procedural errors. You should also evaluate the arbitration process and outcome, and learn from the experience.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?