The difference among mediation conciliation and arbitration and how these are used in labor
disputes
explain the difference among mediation conciliation and arbitration and how these are used in labour
disputes
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of the
contents of the document.]
LAW FOR COMMERCE 2
The difference among mediation conciliation and arbitration and how these are used in
labor disputes
Mediation, conciliation, and arbitration are alternative dispute resolution (ADR) methods
that have proven, in some cases, to be more expeditious, private, and economical than litigation.
Nevertheless, these three methods differ in their effectiveness when applied in labour disputes.
Mediation involves the use of a neutral and impartial third party to facilitate the process
of dispute resolution between the parties involved (Sourdin, 2002). The neutral and independent
third party does not make the final decision for the parties, but only facilitates the negotiation
process by laying down the issues, needs and wishes of the parties. Arbitration, on the other
hand, is a dispute resolution method which involves an independent and impartial third party
who makes a decision that is final and binding on the parties involved. Unlike mediation which
is voluntary and non-binding, arbitration limits the control of the parties over the final decision.
Lastly, conciliation involves the use of an impartial third party who attempts to build a positive
relationship between the parties involved in a dispute, drives their negotiations, and directs them
to a satisfactory decision. Conciliation is less adversarial than arbitration. However, conciliation
differs with mediation in the sense that the conciliator greatly influences the actual resolution of
the dispute. The conciliator exhibits more power on the parties and he is perceived as an
authority figure responsible for proposing the best solution for resolving the dispute.
Mediation, arbitration, and conciliation pursue the same objectives which include reduced
congestion in courts, fair outcomes, prompt hearing, and access to justice (Sourdin, 2002).
Conciliation and mediation aim at maintaining the existing labor relationship and rekindling the
lost power balance between the parties to a labor dispute. Mediation has proven to be the best
LAW FOR COMMERCE 3
ADR method in the United States due to the fact that it gives the parties a chance to make
settlements which are economical, practical, and durable.
LAW FOR COMMERCE 4
Reference
Sourdin, T. (2002). Alternative Dispute Resolution. Pyrmont NSW: Lawbook Co.
