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Corporate America Writing

Will Moore Corporate America Type 1 Writing Assignment

Wiktionary defines arbitration as “a form of justice where both parties designate a person whose ruling they will accept formally.” In plain English, arbitration is a legal means of resolving an argument outside of the courtroom. An arbitrator, or arbitral tribunal, looks at both positions and decides just how much money should be awarded in the case. In some countries, arbitration is sometimes used to settle family disputes. However, arbitration today is used mainly for resolving commercial disputes, primarily international commercial transactions. The actual beginnings of arbitration is unknown, and there is no written history involving arbitration until England passed the “Arbitration Act” in 1697, though by that time, arbitration was already common in Europe. Early arbitration’s downfall was that either side involved in a case could pull out of the arbitrator’s decision right up to the time of his decision, which made it especially difficult to accomplish anything, as one side would almost always see that their side was not going to win. Today, arbitration has many advantages. When an argument is very detailed in one field or area, the arbitrator appointed can be one educated in that field, to have a greater understanding of the argument in that field. Arbitration is usually much more cost-efficent than an entire court case. Arbitration, however, has it's disadvantages, as well. Arbitrators do not work out of the goodness of their hearts. They require payment, which is just another legal fee in the lawsuit. In some cases, arbitrators schedules can clash, creating a problem with scheduling, leading to sometimes lenghty delays.

       Mirriam-Webster dictionary defines mediation as "to interpose between parties in order to reconcile them." Plainly stated, a mediator is one who sits in the middle and listens to both sides of the story, with the intent of helping both sides reach an agreement. A mediator can be used in many types of argument including commercial, legal, diplomatic, workplace, community and divorce, as well as family cases.
       Mediation, like arbitration, has been used for a very long time. However, mediation has been used by the Phoenicans as well as the Babylonian Empire. The "art" of mediating was honed by the Greeks, and later by the Roman Empire. While the Romans embraced mediation, the Middle age Europe frowned upon, in some cases banned the use of mediation as means of settling debate.
       A mediator must not take any stance, but remain neutural in a debate, while trying to get all information out in the open. A mediator is expected to keep everything told to them confidential, and keep