Assignment task: Read the below article summarization and then provide feedback on their summarization and answer how it has impacted your view of mediation and arbitration.
Reading:
In the article Arbitration vs. Mediation by Brian E. Cohen, the author describes the basic differences between the two types of conflict resolution methods. Mediation, being the less formal of the two, doesn't provide a judgement but rather facilitates dialog and negation between the parties. The mediator is not allowed to recommend a course of action to any of the parties involved. All parties have to agree to the outcome in order to finalize the mediation.
Arbitration is more formal but still not litigation. It can consist of a single arbitrator or a panel that will decide how the case will be resolved. According to Cohen, arbitration is a "stripped down trial (Cohen, 2014)." The decision of the arbitrator is final, and the resolution is binding. Arbitration should be less costly and carried out quicker than litigation.
Though I had heard of the two types of conflict resolution, I had little knowledge of how they were used. The most important point for both processes is that they are confidential. As part of a design team, the two avenues will allow for quicker end to disputes that may arise. These alternative dispute resolutions should be used with employees and other parties that we enter into contracts with. In order to make them available and most useful, the contracts will have to directly state that mediation and arbitration will be used to settle any dispute. For McKean Design Machine and Shifted Paradigm, we will include a statement that will allow for mediation first and arbitration as the final for any dispute. Our goal is to keep any issue and settlements out of the public domain, but still allow a way for the dispute to be resolved the best way possible. We will need to talk to a lawyer before we are able to speak more on the subject.