Arbitration Essay Example | Topics and Well Written Essays - 1250 words

Arbitration - Essay Example Arbitration is the submission of a complainant to an intended respondent for a settlement of a dispute. The result of the settlement will be final, binding and executive in nature between the two parties. Mediation is done before arbitration or litigation. Through mediation, both parties are tried to reconcile with each other. Mediation is done through communication between parties to settle the dispute on their own by coming up with a solution agreeable to both parties. (Arbitration & Mediation, 2008) Arbitration and mediation, according to Newhall (2008), is more private in nature rather than a court proceeding. The importance to the confidentiality of the issue is also addressed more positively through the said methods. Moreover, through arbitration and mediation, a dispute can be settled faster as compared to going through court litigation, in which cases are scheduled to be settled many days, even months, after. There are numerous arbitration and mediation associations in America with each providing its own set of rules or policies. One arbitration and mediation agency in the US is the United States Arbitration and Mediation (USA&M). USA&M has a general guideline that once its services are sought, both parties are required to comply with the requirements of the said agency such as submitting documents for evidence, appearance during investigation, testify on the credibility of evidence gathered, and others. However, rules and guidelines differ on a case-to-case basis. (USA&M Rules of Arbitration, 2008) Carmen worked for her mother for several years in their restaurant business, her mother as the restaurant manager. Despite being treated abusively by her mother, Carmen endured such treatment and worked faithfully for the restaurant. When both of her parents died, she thought that she will be made manager in exchange for her faithful service. However, her parents’ last will and testament gave the managerial position to