BRIEF RESPONSES TO CLASSMATES POSTS - Essay Example

Unlike litigation, arbitration allows parties to agree on who would hear the case. In formal litigation, the court assigns the case to the next available adjudicator. In civil courts, the issues become a matter of public interest whereas, in arbitration/mediation, cases remain confidential. Uncertainty of litigation processes increases once the case is appealed in higher courts. In contrast, arbitration leaves fewer chances for appeal. As Dimino specified, this happens as negotiation takes place ‘without having a forced agreement’.

As everyone knows, an arbitral tribunal is not bound by the regulations of civil procedures, and hence, the parties can, by their mutual agreement, vary the terms of arbitrators’ authority, fire the arbitrators, and fix the procedure if they want.  In other words, the total mechanism of arbitration is more convenient and less stressful to the parties. At this juncture it is reasonable to point out some of the disadvantages of choosing arbitration as settlement option. Among them, lack of transiency is often pointed out by critics as the major drawback.

In case the arbitration becomes biased due to the so called confidentiality, the situation can become worse as courts are less likely to review the arbitration decisions anymore. Evidently, as many of the posts here indicate, arbitration has several advantages over formal dispute resolution methods. However, an important thing to remember is that the feasibility and popularity of arbitration does not reduce the significance of litigation. Instead, arbitration is only a limb of civil system that can reduce the burden of formal courts and thus facilitate easy access to justice.

Like others, Barcena also has emphasized the higher cost that can incur during litigation. Although this claim has been true so far, recent studies indicate a considerable rise in arbitration cost also, sometimes that exceeded the cost of formal litigation processes. For instance, Public Citizen, a consumer watchdog group conducted a study which identified that “the cost of initiating an arbitration is significantly higher than the cost of filing a lawsuit: $6,650 to $11,625 to initiate a claim to arbitrate a consumer claim worth $80,000 versus $221 to file that action in a particular county court” (as cited in Nolo).

Admittedly, the other view regarding the parties’ perceptions on winning the case in court reflects right observation. As the litigation processes become more extensive and complex, the scope for mediation normally increases. Jimenez’s choices of dispute resolution clause are ‘bargaining and mediation’ as they are found ‘cost-effective’. However, it seems applicable only to certain situations like in a dispute between employer and employee on salary or promotion. As Yolauri Barcena opines, “mediation could be a good possibility for non-critical disputes within co-workers”.

However, there are some essential negotiation skills that managers require for aligning their workforce to achieve the organizational goals in a viable manner. Every sphere of human life is vulnerable to conflict and therefore requires ceaseless haggle and negotiation. When it is in business affairs, the negotiation process goes rather formal, and it demands outstanding skills from an individual to win the bargain. However, the parties involved must be aware of the fact that they bargain not to win but to resolve an issue. This