Tuesday, December 13, 2011
Excerpt: It's All Your Fault
Arbitration is a more formal dispute resolution process. It’s built into the power structure for many organizational grievances and conflicts, including those based on labor management contracts, homeowners association procedures, or government agency procedures. While these may also offer neutral mediation, many have arbitration clauses built in to their rules. Arbitration is more formal than mediation, with certain procedures that must be followed, and the decision-maker is the arbitrator, not the people in conflict.
Arbitrators are supposed to be familiar with the laws and rules applying to your dispute. Therefore, going to arbitration may force the HCP to learn about the
laws and rules and the potential consequences of not following them. If the
HCP loses in arbitration, it usually costs them something important, such as a
sizable settlement, their job, or a piece of property. Also, the loser in arbitration often has to pay some or all of the other person’s attorney’s fees, as well as the arbitration fees.
Simply having to go to arbitration sometimes influences HCPs to change their
behavior. The last thing many HCPs want is to have someone else making decisions about their behavior. For example, Narcissists may feel belittled and Antisocials may feel dominated. On the other hand, Histrionics may enjoy the attention and Borderlines may believe that the arbitrator will be “all good” (splitting) and will therefore take their side. So you have to Analyze Your Realistic Options about this. Arbitrators may be found through local organizations or through the American Arbitration Association at www.adr.org. This organization also has mediators. The Association of Conflict Resolution mentioned above (www.acrnet.org) under Mediators also has arbitrators listed on its website.
High Conflict Institute provides training and consultations, as well and books, DVDs and CDs regarding dealing with High Conflict People (HCPs) in legal, workplace, educational, and healthcare disputes. Bill Eddy is the President of the High Conflict Institute and the author ofIt's All Your Fault!, Splitting, BIFF: Quick Responses to High Conflict People, Their Hostile Emails, Personal Attacks and Social Media Meltdowns and Don't Alienate the Kids!. He is an author, attorney, mediator, and therapist. Bill has presented seminars to attorneys, judges, mediators, ombudspersons, human resource professionals, employee assistance professionals, managers, and administrators in 25 states, several provinces in Canada, France, Sweden, and Australia. For more information about High Conflict Institute, our seminars and consultations, Bill Eddy or to purchase a book, CD or DVD, visit: http://www.HighConflictInstitute.com