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Conflict Managment

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Conflict Management ­HRM624
VU
Lesson 37
ARBITRATION I
Quotation
Law and settled authority is seldom resisted when it is well employed.
Dr. Johnson, The Rambler, 1750-52
We will learn about arbitration and its varieties in this lecture.
What we will learn about arbitration is that it is an ADR process that can closely resemble litigation. We will
also learn about the tension between providing informality and legalistic protections in arbitration. The
advantages and disadvantages of arbitration compared with litigation and other ADR processes and how
thus information can be useful to conflict diagnosticians will also be discussed.
Ways to Resolve Conflict
A conflict can be resolved in a number of ways. The methods which are usually employed are given below
·
Negotiation
·
Mediation and Conciliation
·
Adjudication
·
Arbitration
·
Litigation
·
Avoidance
·
Violence
We will focus here only on arbitration as negotiation, mediation and adjudication have previously been
discussed.
Arbitration
Arbitration is a legal process whereby a neutral third party (arbitrator) hears the dispute and issues an award.
Arbitration awards are final and binding on the parties and can only be challenged in very exceptional
circumstances. An arbitration award has a status similar to a judgment and arbitration.
Arbitration award
The binding decision issued by an arbitrator is called arbitration award.
Advantages of Arbitration
Following are the advantages of arbitration
1. Flexibility of Proceedings
2. Confidentiality of Proceedings
3. The Speed of Resolution
4.  Low Cost relative to Litigation
5.  Legally Binding Nature
6.  International Enforceability
7.  Expertise of Arbitrator
Disadvantages of Arbitration
A major weakness of the arbitral process is the limited powers which the arbitral tribunal may exercise.
Another perceived drawback of the arbitral process lies in the fact that, in general, it is not possible to bring
multi-party disputes together before the same arbitral tribunal. Unlike a Court of Law, an arbitral tribunal
generally has no power to order consolidation of actions.
If the Arbitrator is an expert within a specified field, he/she may not have the requisite expertise when the
dispute hinges on difficult points of law. The doctrine of precedent does not apply. Each case is decided on
its merits; and is therefore no guide to future similar cases.
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Conflict Management ­HRM624
VU
Arbitration Act in Pakistan
The law of arbitration in Pakistan is contained in the Arbitration Act, 1940 (a pre-partition enactment,
which still continues in force). Its main features are summarized as under:
The Act provides for three classes of arbitration:­
(a) Arbitration without court intervention (Chapter II, sections 3-19);
(b) Arbitration where no suit is pending, (but through court) (Chapter III, section 20) and
(c) Arbitration in suits (through court) (Chapter IV, sections 21-25).
The Act also contains further provisions, common to all the three types of arbitration
Summary
We learnt arbitration as a way of alternative dispute resolution which resembles to litigation. It is done on
case by case basis and `precedent' does not carry much value in arbitration as it does in litigation or in courts
of law.
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Table of Contents:
  1. INTRODUCTION TO CONFLICT:Dispute, Legal Dispute, Call the police
  2. DISPUTE RESOLUTION 1:Positive affect in Negotiation, Alternative Dispute Resolution
  3. DISPUTE RESOLUTION II:Adjudication, Litigation, Mediation-Arbitration
  4. PRECONCEPTIONS ABOUT CONFLICT I:Pedagogical development, Pressures against Innovation
  5. PRECONCEPTIONS ABOUT CONFLICT II:Cultural beliefs about interpersonal conflict, Why strategies of change fail
  6. CONFLICT DIAGNOSIS:Who Needs to Know About Conflict Diagnosis?, Steps in Conflict Diagnosis
  7. RECURRENT THEMES IN CONFLICT DIAGNOSIS I:The Seven Steps of Social Behavior, Seven steps to diagnose conflict
  8. RECURRENT THEMES IN CONFLICT DIAGNOSIS II:Themes of Conflict Diagnosis
  9. DESCRIBING THE CONFLICT I:Description of Conflict, Identifying Interpersonal Conflict
  10. DESCRIBING THE CONFLICT II:Step 1 for Conflict Diagnosis, interpersonal or intrapersonal
  11. SOURCES AND CAUSES OF CONFLICT I:Main Sources of Conflict, Discussing major sources of conflict
  12. SOURCES AND CAUSES OF CONFLICT II
  13. INTEREST ANALYSIS I:Analyzing your interests, Analyzing the other disputant’s interests
  14. INTEREST ANALYSIS II:What are interests?, Tips for Interest Trees
  15. INTEREST ANALYSIS II:Principles and values, Basic Human Needs
  16. ASSESSING THE CHARACTER OF THE CONFLICT I, Premises of Deutsch’s Theory
  17. ASSESSING THE CHARACTER OF THE CONFLICT II:Techniques to transform competitive conflict into cooperative
  18. TRUST AND ITS SIGNIFICANCE I:What is Mistrust,Trust and business,Three levels of trust
  19. TRUST AND ITS SIGNIFICANCE II:Advantages of high trust level, Building of trust
  20. ASSESSING IMPEDIMENTS TO RESOLVE THE CONFLICT I:Motivation to seek vengeance, Mistrust
  21. ASSESSING THE IMPEDIMENTS TO RESOLVING THE CONFLICT II:Disempowered Disputant, Unpleasant Disputant
  22. ASSESSING THE NEGOTIATING STYLE I:Dual Concern Model, Dominating or competition style
  23. ASSESSING THE NEGOTIATING STYLE:Dual Concern Model, Tactics Used In Integrating
  24. ASSESSING POWER AMONG DISPUTANTS:Conflict and Power, Kinds of power in the Relationship Domain
  25. ASSESSING POWER AMONG DISPUTANTS II:Sources of Relationship Power, Context and Power
  26. POWER, CONFLICT, AND BATNA III:Role of Third Party in BATNA, Dealing with Power Imbalance
  27. STEREOTYPES, DIVERSITY, AND CONFLICT I:Stereotyping, Stereotyping in Interpersonal Conflict
  28. STEREOTYPES, DIVERSITY, AND CONFLICT:Categories of Diversity Issues, Seven Mental Processes to Prove Stereotypes
  29. STEREOTYPES, DIVERSITY AND CONFLICT III:Individual Difference and Social Category, Cultural differences in values
  30. MEDIATION I:When is mediation required, Processes Related to Mediation, Product of Mediation
  31. MEDIATION II:Important distinguishing factors, More Advantages and Disadvantages of Pure Mediation
  32. ADVANTAGES AND DISADVANTAGES OF MEDIATION I:Efficiency Consideration, Conflict Management and Prevention
  33. ADVANTAGES AND DISADVANTAGES OF MEDIATION II:Quality of Consent, Effects on the parties to mediation
  34. PROCESS OF MEDIATION:Stages of Mediation, Facilitative tactics in mediation
  35. LAW AND ETHICS OF MEDIATION I:Characteristics of mediation, Confidentiality
  36. LAW AND ETHICS OF MEDIATION II:Role of ethics in mediation, 8 Dimensions of Ethics in Mediation
  37. ARBITRATION I:Ways to Resolve Conflict, Advantages of Arbitration, Disadvantages of Arbitration
  38. ARBITRATION II:Varieties of Arbitration, Process of Arbitration, Contents of Arbitration Act
  39. NON BINDING EVALUATION:Disadvantage, Varieties of Non-binding Evaluation
  40. NON BINDING EVALUATION II:Varieties of Non-binding Evaluation, Advantages and disadvantages of Non-binding Evaluation
  41. MIXED AND MULTIMODAL DISPUTE RESOLUTION:Six System Design Principles, Extensions of Dispute Systems Design
  42. POWER TOOLS AND MAGIC KEYS I:Introduction, Necessity of conflict diagnosis, Using conflict diagnosis
  43. POWER TOOLS AND MAGIC KEYS II:Proposed Contents of a Clients’ Interview, Impediments to use facilitative mediation
  44. PANCHAYAT, LOCAL GOVERNMENT SYSTEM, AND ADR, Definitions of Panchayat, Definition of Jirga
  45. SUMMARY AND MESSAGE OF THE COURSE:Definitions of conflict, Negotiation, Meditation, Adjudication