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| Why we need arbitration and mediation. |
In the movie Willy Wonka and the Chocolate Factory, Veruca Salt repeatedly exclaims, “I want it now!”(Ultrasissi, 2009).This type of sentiment is one of the reasons why mediation and arbitration have become widely used to settle disputes. Increasingly, parties are electing to use these methods in lieu of costly and lengthy court procedures. While the results of mediation and arbitration have many favorable outcomes such as reduced expenditures, increased efficiency, greater flexibility, and high success rates, the functions and roles of these alternative dispute resolutions also have drawbacks which must be considered, and the American Arbitration Association provides individuals and organizations access to information and qualified professionals in this field.
The function of mediation is to facilitate communication between the parties in conflict by using a neutral third party to bring individuals to a mutual agreement. Although this form of resolution is often used to settle informal disputes such as those between children, co-workers, or in general misunderstandings, the formal type of mediation has a role in settling matters of conflict in cases which include divorce, child custody, and landlord-tenant relations. The effectiveness of mediation is quite significant and authors Cahn & Abigail state, “It is estimated that “once the disputants have agreed to mediate, at least 80% of the time they are able to work out an agreement that is acceptable to both of them” (Cahn & Abigail, 2014, p. 249). This approach offers parties greater adjustability and control, while reducing legal fees, and contributes to improved communication.





