Offering Finality and Security within Conciliation
“Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen.” – Winston Churchill
Judges in court face the challenge of preset procedures which limit how much they are able to hear—leading to decisions that fail to take into account the highest priorities of the parties. At The Resolution Center, Arbitrators act much like a private judge—with one notable exception. They are able “to sit down and listen.” An Arbitrator steps into those cases in which parties cannot finalize a resolution to create a final decision that implements the parties’ best interests and priorities. Arbitration provides finality and certainty to the parties, but only after they have made every attempt to resolve the issues directly between themselves.
When parties have gone through mediation but have been unable to resolve all the issues, they can choose:
- To have their Mediator decide the remaining issues in an informal arbitration process.
- To present their side of the issues to a previously uninvolved Arbitrator who makes the final decision, or
- To present their issues in a more formal manner to a panel of arbitrators.
All of these options are at the discretion of the parties and do not involve the use of the procedural complexities and limitations of going to the legal system.
In all cases, the relationship is most important, not the competing “rights” of the parties. Arbitrators listen, discern the priorities of the parties, and work to create decisions reflecting the best possible outcome for both—given the circumstances. Thus, the relationship can endure, and the parties can move forward.