What to Expect From Dispute Resolution

Although dispute resolution processes may vary, some principles are generally true no matter what kind of conflict you are addressing. The following questions and answers should help you to understand how the processes work.

What are the mediator or arbitrator's responsibilities?

A mediator or arbitrator has a duty to act as an impartial third party. Ideally, this third party should have no previous relationship with anyone involved in the dispute. If the third party has had dealings with you or other people in the conflict, or with a family member, organization, or other connections that might raise a question as to impartiality, he/she should describe the relationship before the dispute resolution session begins. If there is concern that the third party might be biased, another third party should be used.

Third parties have different styles. Some mediators and arbitrators may raise new ideas and make suggestions for a possible settlement. Others may withhold their opinions even when asked for suggestions by the disputants. Some third parties may want to use caucuses (private meetings with each party separately) as part of the conciliation, mediation, or arbitration.

The specific steps in the dispute resolution process you are going to use should be explained to you in advance, or at the beginning of the meeting, by the third party neutral. It is important to remember that these processes are flexible. They can be modified or combined to meet the needs arising from your particular problem.

What are the disputants' responsibilities?

As a participant in a dispute resolution process, you have the responsibility to share your concerns and interests fully and to work toward a solution in good faith. You should always feel free to ask questions. If there are special language or cultural needs, or limits on your time, raise these concerns with the third party neutral. For example, you might ask if there is a time limit for the dispute resolution session, and if a second session could be scheduled if needed. Before you begin, make sure you understand what the service costs, and if there are payment options available.

If there has been violence or intimidation, or if an abusive relationship exists, you can and should raise these matters so that you feel safe and can participate fully. Most dispute resolution programs have a screening procedure to determine whether a case is suitable.

You can speak in private with the coordinator of the program to see if your situation is appropriate for dispute resolution or some other kind of assistance.

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