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MEDIATION For there is one God and one Mediator between God and Men, the Man Christ Jesus, who gave Himself a ransom for all, to be testified in due time. 1 Tim. 2:5
Mediation is a process in which disputing parties voluntarily work with a neutral third person (the "mediator") to settle the matter. The mediator does not issue a binding judgment, nor does he or she render a decision at all. Instead, the mediator's job is to assist the parties in working out the matter themselves, perhaps by focusing the discussion on creative strategies for resolution, or helping the parties to evaluate properly weaknesses or strengths in the matter. The mediator may meet with the parties separately, perhaps more than once, and then bring the parties together for discussion. The parties work towards resolving the issues in dispute, whether that resolution takes the form of a monetary payment, an apology, or one or more of the parties taking some specific action. Some matters involve several methods of resolution.
The mediator assists the parties with documenting their agreements in a written document. At any time, and particularly once a written agreement is reached, the parties can consult with their own lawyer, if they decide to retain one. Occasionally, participants bring a lawyer to the mediation itself.
The resulting written agreement is binding, provided it meets all requirements for a valid contract. It can be enforced through the court system (by filing a claim for breach of contract or breach of settlement agreement), or through arbitration, if there is a provision within the agreement providing for enforcement in that manner.
Scheduling and Location: The parties, once they have agreed that mediation is appropriate, will begin by having a telephone or in-person conference with Entrust to handle logistical and substantive matters. For example, during that conference, the parties might discuss the general issues that brought the parties to the mediation, how a Bible-based approach to mediation works, and possible dates for the mediation. The mediation may take place over the course of one or more sessions, depending on the complexity of the matter and the willingness of the parties to reach a resolution. During the mediation of a complex business dispute, for example, it might become apparent that the services of an accountant, valuation expert, or tax professional might be needed in order for the parties to continue negotiations.
The mediation will be held at one of several neutral sites, located in Western New York churches that are not affiliated with Entrust. The mediator will work with the parties to determine which location is most convenient or accessible for the parties.
Costs and fees: An administrative fee of $50 is charged at the beginning of the mediation process. In addition, the parties pay the mediator's hourly rate, which is set in advance and correlates with the experience level of the mediator. Typically, the parties jointly pay the mediator fee, although this is an issue for the parties to determine.
Dare any of you, having a matter against another go to law
before the unrighteous, and not before the saints? 1 Cor. 6:1
Arbitration is a proceeding in which disputing parties voluntarily agree to have the matter determined by a neutral person, or persons, and be bound by the decision of that neutral (the "arbitrator"). The neutral hears evidence and arguments presented by the parties, allows them to respond to or rebut that evidence and argument, and renders a final and binding decision. There may be more than one neutral if the parties agree, or if a contract arbitration clause provides for it.
Arbitration Process: All parties to an arbitration proceeding must agree to voluntarily submit to the authority of the arbitrator and the arbitration process itself. An agreement to arbitrate can be found in a contract where the parties agreed to submit any dispute arising out of the contract to binding arbitration. Or, once a dispute has arisen, parties can then agree to submit to arbitration to have the dispute resolved.
An arbitration proceeding is initiated when a party files a "demand" or "petition" for arbitration with Entrust. The party against whom the petition is filed (the "respondent") is given the opportunity to file a response. The parties are then encouraged to jointly select one or more arbitrators to hear the dispute. An arbitrator will be appointed by Entrust in the event the parties cannot agree on an arbitrator. The arbitrator will then hold a preliminary telephone or in-person conference where the parties discuss the timing and location for the arbitration, as well as the general legal and factual issues that will be presented. Typically, an arbitration hearing is held in one day, although a two-day or several- week arbitration hearing is possible if experts are involved or especially complex factual matters are presented.
The petitioner will have an opportunity to present the case, using live witnesses, affidavits, or other evidence, and the respondent will have the opportunity to cross-examine witnesses and otherwise provide a defense or assert a claim in response. The arbitrator will issue a written opinion, or award, which can be as simple as which party the arbitrator determines has proved his or her case. Or, the opinion may be a reasoned opinion, which provides the underlying reasons for the ruling.
The arbitrator's award is binding on the parties to the arbitration. There are very limited grounds for appeal of the arbitrator's decision. To enforce the arbitrator's award, a party must file an action with a court to confirm the arbitration award. The confirmation proceeding is generally an abbreviated proceeding, and the award should be confirmed absent the presence of one of the limited grounds for challenging the award.
Location: The arbitration will be held at one of several neutral sites, located at Western New York churches that are not affiliated with Entrust. The arbitrator will work with the parties to determine which location is most convenient or accessible for the parties.
Costs and fees: An administrative fee of $50 is charged at the beginning of the arbitration proceeding. In addition, the parties pay the arbitrator's hourly rate, which is set in advance and correlates with the experience level of the arbitrator. Typically, the parties jointly pay the arbitrator fee, although this is an issue for the parties to determine or may be determined by a contractual arbitration provision previously signed by the parties.
Rules: The parties agree to abide by the Rules of Arbitration, available from Entrust.
An important mission of Entrust is to educate and equip Christians in conflict avoidance and resolution. Entrust provides practical teaching and seminars on the underlying causes of conflict, what God expects of parties in a dispute, both business and personal, techniques for avoiding and resolving conflict, and how to work towards reconciliation. These seminars are particularly effective for training employees on how to deal with conflict in the workplace. Such training allows employees to focus on the productive business at hand, and also continue to cultivate healthy relationships with colleagues.
Entrust provides seminars that include instruction, role-playing, and also specific instruction on handling conflict in specified contexts.
Up Coming Course: Peacemaker® Ministries Reconciler Course - March 6 & 13, 2004 - More Details
Beginning in 2004, Entrust will offer courses for those individuals interested in becoming certified as a mediator or arbitrator. These courses will focus on the theory and policy underlying alternative dispute resolution, as well as the Biblical principles of dispute resolution for Christians. Dates for the courses, as well as course outlines will be forthcoming in late 2003.
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