Introduction
Mediation is a structural way of solving disagreements that do not necessitate the intervention of the court system. Moreover, it is an organized, collaborative, and participatory mediating technique that a neutral third party uses to assist the groups involved in reaching a solution (Sac Attorneys, 2022). Mediation allows for innovative solutions and can enhance the union-management relationship. Therefore, using the arbitration method in exploring future settlement possibilities carries no risk. This essay explores the benefits and drawbacks of grievance negotiation by focusing on aspects such as mediation methods, financial implications, time consumption, the norm of fairness among participants, and evidential procedures.
Benefits of Grievance Mediation
There exist various benefits of using the grievance mediation procedure. Firstly, the process is quite affordable because the parties concerned do not need to file hefty cases. This contrast with the legal way where bringing a matter to trial is a costly affair. Secondly, the technique is relatively quick as there is no shortage of moderators willing to assist parties seeking to resolve a conflict (Lawshelf Educational Media, 2022). For instance, a fast internet search could yield hundreds of arbitrators and mediation sites. Thirdly, the process has no complex legal or evidential procedures that need following. While most individuals accept a fundamental norm of fairness, the stiffest penalty a participant could inflict for misbehavior is withdrawal from the debate and go to trial.
Fourthly, the method allows participants to modify and broaden the area of their argument. Preliminary briefs and practical restrictions constrain the topics that the parties could raise during a case. Moreover, as situations change, the subjects of mediation may alter. This increased adaptability enables mediators to become problem-solvers rather than antagonists. Fifthly, intermediation permits flexible choices and agreements, unlike courts where financial damages are the only redress available. Consequently, the parties may reach an agreement via reconciliation, thus, barring or restricting one party from engaging in an action that was not previously anticipated (Jordaan, 2022). Sixth, because both groups must voluntarily approve of any solution achieved through negotiation, promises under the resolution are more probable to be honored than court-imposed ones.
Disadvantages of Grievance Mediation
Aside from its numerous advantages, grievance mediation has several disadvantages. Firstly, a memorandum of understanding does not usually arise from arbitration. Individuals may waste their time and resources in mediation to realize that they still have to go to court for a resolution. In addition, if adjudication does not succeed, a considerable amount of a group’s information will have been exposed to the other side, which would make it less beneficial in a future trial. Secondly, the method lacks federal and state legal proceedings and provides no constitutional safeguards to participants (Lawshelf Educational Media, 2022). Thus, mediation among persons with different expertise, power, and varying amounts of available resources, may culminate in a grossly unequal outcome, as the less-well-positioned party feels frightened and handicapped.
Thirdly, no legal principle can be established during the intervention process. Numerous discriminatory lawsuits, for instance, are initiated to gain redress in regards to the complainant, which creates a new lawful guide with more significant societal ramifications. Hence, mediation is useless in these instances since arbitration is only ‘successful’ if a high court finds in favor of the underlying issue. Fourthly, in negotiation, usually, there exists no official discovery system. Hence, if either of the conflicting parties cannot resolve the problem, there is no means to compel the disclosure of evidence (Lawshelf Educational Media, 2022). Instead, the one demanding revelation should rely on the other person’s pure intentions, which may or may not be adequate.
Conclusion
In grievance mediation system, parties or individuals who construct their resolutions have more influence over the result of their disagreement because they have a fair say in the process. Nonetheless, due to unavailability of formal norms, the participants may fail to reach a deal and decide to go to court. However, arbitration encourages a problem-solving strategy that goes to the source of the problem in order to achieve a fair resolution for all parties.
References
Jordaan, B. (2022). Helping organizations and individuals develop conflict wisdom. Conflict Resolution Quarterly. Web.
Lawshelf Educational Media. (2022). Advantages and disadvantages of mediation. Lawshelf.com. Web.
Sac Attorneys. (2022). The advantages and disadvantages of arbitration. Sacattorneys.com. Web.