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DIRECTORS ASS

MEDIATION is a way of settling disputes by a third party who helps both sides to come to an agreement

which each considers acceptable.

He is a facilitator (someone who helps a group of people discuss things with each other or do something

effectively, someone who encourages people to find solution to their own problems ).

He is an Evaluator (Adept at examining the different aspects of dispute)

He helps disputing parties try to arrive at an agreed resolution of their dispute

He uses certain procedures ,specialized skills and techniques to help them negotiate an agreed

resolution of their dispute.

He has no power to impose an outcome on disputing parties.

He attempts to encourage exchange of information, provide new information and help the parties tounderstand each others views.

Tries to avoid shaping issues ,proposals or terms of settlement or pushing for the achievement of

settlement at all.

Encourages parties to define problems and find solutions for themselves and support parties to own

efforts to do so.

His role is more of passive process.

In mediation, any party has the power and right to stop anytime and refer a dispute to the court system

or perhaps arbitration.

It is informal and flexible in terms of evidence and procedure.

CONCILIATION is a procedure like mediation but the third party , the conciliator takes a more

interventionist role in bringing the two parties together and in suggesting possible solutions to help

achieve a settlement.

It is the practice by which the services of neutral third party are used in a dispute as a means of helping

the disputing parties to reduce the extent of their differences and to arrive at an amicable settlement or

agreed solution .It is a process of orderly or rational discussion under the guidance of the conciliator.

He may make proposals for a settlement of a dispute

Formulate terms of a possible settlement

Reformulate terms of a possible settlement

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Assist parties to reach a settlement

He is an interventionist(an action affecting anothers affairs:the act of intervening especially a deliberate

entry into a situation or dispute in order to influence events or prevent undesirable consequences)

He is pro-active to bring about settlement

He seeks to identify a right that has been violated and searches to the solution

He is seen as an authority figure who is responsible for the figuring out the best solution for the parties

He develops and proposes the terms of settlement

ARBITRATION is an ADR (Alternative Dispute Resolution) method where the disputing parties involved

present their disagreement to one arbitrator or a panel of private , independent and qualified third

parties in an ad hoc tribunal rather than to a permanently established court for binding decision.

It is the process of resolving a dispute or grievance outside the established court system by presenting it

to an impartial third party or panel in an ad hoc tribunal for a decision that may or may not be binding.

Parties in conflict choose neutral arbitrators and together , both arbitrators appoint a third one as the

president of the panel.

Parties then submit information before they appear in a hearing.

The presentations are made to prove one side wrong and the other side right .Like in a court based

adjudication, arbitration outcomes are usually win-lose. Though if a win-win solution is apparent, the

arbitrator would probably recommend it.

Arbitrators do not often go out of their way to develop new approaches for meeting the interests of

both sides.

He determines the final outcome of the case

Arbitration decision generally has the force of law behind it, but does not set a legal precedent.

A binding arbitration can be appealed only when a party wishes to seek revocation and this can be done

by a third party objection in front of an ordinary judge.

There has to be formal rules of evidence procedure

There has to be a common approval by both parties to discontinue

CASE STUDY

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The Hanish Island Conflict is a good example of Arbitration. There was a dispute between Yemen and

Eritrea over the Island of Greater Hanish in the Red sea (Zukur Hanish Archipelago) which is on the

southern side of the Red sea. After being granted independence and membership of the United Nations,

the new Eritrean government started negotiations with Yemen over the status of the Archipelago which

later led to a three days fight between the two groups, from 15th

December 1995 to 17th

December

1995.

A French man mediator (Gutmann) started the process of resolving the conflict but after they have had

two rounds of talk and not making a head way, agreed to resort to arbitration to refrain from using force

and to abide by the verdict of an arbitration tribunal as no resolution to the problem could be reached in

bilateral talks.

The status of the Archipelago was placed in front of the Permanent court of Arbitration in The Hague in

Netherlands and in 1998, the permanent court of Arbitration determined that the Archipelago belonged

to Yemen.

BIBLIOGRAPHY

Concepts of Conciliation and Mediation and their differences byJustice .M. Jagannadha Rao

Arbitration, Mediation and Conciliation: differences and similarities from an International and Italian

business perspective. ByAlessandra Sgubini, Mara Prieditis & Andrea Marighetto