Arbitrators, Mediators And Conciliators
People or professionals who mediate and facilitate dialogue and negotiations between two parties that are entangled in a dispute or bargain and help them solve the conflict outside the court are called arbitrators, mediators and conciliators.
What are the duties of Arbitrators, Conciliators and Mediators?
Here are the duties that arbitrators, conciliators and mediators generally perform:
1. Their main duty is to bring about a balance between two differing sides or warring sides onto mutual agreement terms.
2. They clarify the concerns existing in the issue between the parties that are involved.
3. They arrange for a convenient meeting for both the parties to resolve the concern.
4. They also first conduct pilot meetings to brief the disputants about the entire arbitration process.
5. It is their responsibility also to ascertain the fee amount for procedural matters and ascertain the number of witnesses and time too that is required for the entire process.
6. They come up with well drafted settlement agreements for the differing parties to sign upon.
7. They will make use of relevant regulations, policies and laws to come up with pertinent conclusions.
8. They also conduct an evaluation of the information that exists in documents like birth certificates and death certificates, claim applications, employer records and physician records.
These professionals are involved in bringing about an understanding between the disputing parties, outside the court. There may be confidential hearings, private talks and other discussions which are not formal like the court trials.
Here is what each professional is involved in doing:
Arbitrators: They are business professionals, attorneys, retired judges who possess expertise in the pertinent field. They belong to third party that is impartial to the two disputing sides. Their main job is to listen to both the parties and settle the differences and make them come to an understanding. Generally arbitrators also work along with other arbitrators. They may also work alone and are involved deciding the procedural issues.
In some cases, arbitration may become necessary by law to settle disputes and claims. When that is not the case, the disputing parties may wish to arbitrate than getting subjected to the laborious processes in the courtroom.
Mediators: As the name indicates they are neutral people that help the disputing parties resolve their issues. They do not involve in making decisions unlike the arbitrators but they facilitate the discussions between the parties and also guide them towards arriving at a consensus.
Conciliators: Their role too is like that of mediators as they are involved in guiding the opposing sides towards arriving at a settlement. The basic difference between them and the other two professionals is that the conciliators meet with the disputing parties separately. The parties generally decide whether they will abide by what the conciliator is recommending or not. He however, has no powers to call for witnesses or seek evidence or award or write decisions unlike the arbitrator.