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Distinguish between the processes of meditation, conciliation and arbitration. Identify where negotiations fits into the dispute resolution process.

Question

Distinguish between the processes of meditation, conciliation and arbitration. Identify where negotiations fits into the dispute resolution process.

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Solution

Meditation, conciliation, arbitration, and negotiation are all methods of dispute resolution, but they differ in their processes and outcomes.

  1. Meditation: This is a process where a neutral third party, known as a mediator, helps the disputing parties to reach a mutually satisfactory resolution. The mediator facilitates communication, promotes understanding, and focuses the parties on their interests. The mediator does not decide the outcome; the parties do. It's a non-binding process.

  2. Conciliation: This is similar to mediation in that a neutral third party assists the disputing parties. However, the conciliator often takes a more active role in proposing solutions and bringing about a resolution. Like mediation, conciliation is also a non-binding process.

  3. Arbitration: This is a more formal process where a neutral third party, known as an arbitrator, hears the arguments and evidence from the disputing parties and then makes a decision. Unlike mediation and conciliation, arbitration is usually binding, meaning the parties must adhere to the arbitrator's decision.

Negotiation fits into the dispute resolution process as the most direct form of resolution. It involves the parties in dispute communicating directly with each other to try and reach a mutually satisfactory resolution. Negotiation can occur at any stage of the dispute resolution process and is often the first step before other methods like mediation, conciliation, or arbitration are considered. It's a flexible, voluntary, and confidential process.

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