Tuesday, November 23, 2010

Mediation vs. Arbitration


The question that I will be correcting (#27) reads "Two neighbors get in a conflict over who is responsible for damage to the fence that separates one house from the other. They decide to bring in another neighbor to help them talk through the dispute. What formal approach to conflict resolution are they using?" The four answer choices are a) arbitration, b) mediation, c) peer-to-peer resolution and d) litigation. Arbitration occurs when there is a conflict and both parties decide to bring a third party in that does not involve a judge or jury. This third party will then decide the solution to the problem. Mediation occurs when a neutral person helps the two parties dicuss the problem and helps them to understand each side. However, they do not impose a solution. Peer-to-peer resolution is when two peers come up with a solution to their problem. Litigation is when the dispute his handled by a judge or jury. I chose a) arbitration for the answer, but b) mediation is clearly the answer. The question states that they "bring in another neighbor to help them talk through the dispute." Although arbitration involves bringing in a third party, the question did not say that this other neighbor would decide on the solution. It simply states that the neighbor would help them talk through it, which is mediation, since they would not be imposing a solution.
For my information on mediation, visit http://www.mediate.com/articles/what.cfm

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