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AC2.4 Distinguish between third-party conciliation, mediation and arbitration
Topic: Understanding the key differences between third-party conflict resolution methods: conciliation, mediation, and arbitration.
Guideline:
This question requires learners to differentiate between third-party conflict resolution methods and comprehend their roles in managing disputes. Learners should demonstrate an understanding of various solutions and identify the most appropriate solutions. considering the situation. Definitions and brief evaluations of the effectiveness of third-party mediation, mediation, and adjudication should be provided, as well as examples illustrating the differences. Learners are therefore required to address the following areas when answering this question:
- Define the third party methods.
- Outline the uses of these methods in disputes.
- Explain the role of conciliation, mediation and arbitration.
- Outline the impact of managing conflict ethically.
- Give examples.
- State the sources of evidence.
Definitions of Third-Party Methods:
Learners are required to provide a clear definition for conciliation, mediation, and arbitration, highlighting their core principles and purposes.
Uses in Disputes:
Learners are required to explain how each method is used in both individual and collective disputes, highlighting their applications in conflict resolution.
Role of Conciliation, Mediation and Arbitration.
- Learners should elaborate on the role of conciliation in facilitating dialogue between conflicting parties and helping them reach a mutually agreeable solution. Mention the role of a conciliator in this process.
- They should describe the role of a mediator in facilitating communication and negotiation between disputing parties. Explain how the mediator assists in finding common ground.
- They should also explain the role of an arbitrator in making binding decisions in a dispute when parties cannot reach an agreement through negotiation or mediation.
- Additionally, they should discuss the legal implications and the enforceability of arbitration decisions.
Managing Conflict Ethically:
Learners should put emphasis on the importance of managing potential conflict situations through these methods to achieve consensus both legally and ethically. Ethical consideration of conflict management, particularly through third-party systems, includes considerations of fairness and justice.
Real-Life Example:
Among the real-life example of conciliation that learners can use could be a people practitioner mediating a dispute between an employee and a supervisor over workplace harassment allegations, and helping them reach a mutually satisfactory solution. In cases where a labour union and an organisation cannot agree on wage negotiations, they might opt for arbitration to settle the matter.
Sources of Evidence:
Learners can utilize authoritative sources like books and journals in the fields of alternative dispute resolution and employment law to support their understanding. They can also refer to documented cases of conciliation, mediation, and arbitration in labour disputes to provide practical examples. Among the authoritative sources that learners can refer to include:
- Young, J. (2022) Mediation at work. Available from https://www.cipd.org/en/knowledge/factsheets/mediation-factsheet/
- ACAS, (2023) Arbitration. Available from https://www.acas.org.uk/arbitration
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