In areas of conflict, it must always be handled appropriately to settle differences. Three methods that the individuals and groups can use to reduce the costs involved with the legal system and times in English Law are arbitration, conciliation and mediation. All three processes are alternatives to the jurisdiction of the legal system. HG World Wide directory defines arbitration as, “legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound” (Country).
Arbitration is a process whereby disputes are resolved using neutral third parties to make a decision on their behalf. According to the United Kingdom Legislation that explores the topic of arbitration, the main Principles of arbitration are; “(a) the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense; (b) the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest;
(c) in matters governed by this Part the court should not intervene except as provided by this Part” (Arbitration Act). From the above three principles, it can be inferred that the purpose of arbitration is to ensure a speedier settlement provided that parties involved are agreeable to the settlement. The people that sit in on the arbitration are the parties, an institution or individuals the involved parties feel they should be involved. Under the arbitration law, the agreement must in writing and signed to be considered valid and is not nullified by unless agreed upon before the incident (Arbitration Act).
The principle of arbitration allows parties involved in a conflict to reduce costs and provides more autonomy without having a legal intervention (English Law). Mediation UK defines mediation as “mediation is a way of resolving disputes without going to court or to the employment tribunal. It is becoming increasingly popular as an alternative to more lengthy, costly, and adversarial approaches to dispute resolution. ” Mediation often provides an opportunity for a reliable third party individual to help the parties involved to come to some agreeable settlement.
It provides an opportunity for the victim and the offender to sit and share their grievances to come to a feasible way forward. The mediator often guides the way conflict will be resolved in way that provides each party an opinion to air their views. There communication does not have to be in writing and can be individualized and the mediator carries and applies concern back and forth or both people can convene. Other individuals and representatives can be involved when their representation is communicated beforehand.
Mediation often precedes arbitration and is often the next step to settle differences when parties disagree (Tweeddale 2007). The London Court of International Arbitration passed a low in October 1999 that states procedures for both mediation and arbitration (2009). Settlement concludes mediation, parties can begin arbitration while mediation is in session, an agreement must be provided in writing and the mediator is relieved of liability (Tweeddale 2007). Finally, conciliation is very similar to mediation in that a third party independently assists those involved in conflict to reach an agreement (Conciliation).
According to an article by Afterschool Materials, conciliation laws in the English system state the conciliator has no legal powers to award settlement but can only be a guide to an agreement. A letter of invitation to conciliate has to be issued and accepted for an individual to assist in dispute settlement (Afterschool 2009). Laws on conciliation, arbitration and mediation were passed to provide more opportunities for individuals to settle disputes as well as ensure guidelines that will legalize agreements and settlements made outside the traditional legal system.