?Can Arbitrators Facilitate Settlement in Arbitration
Introduction:
Arbitration is not merely a judicial procedure; it is a multidimensional mechanism for resolving disputes outside of traditional courts. Arbitration provides a flexible and expedited platform for dispute resolution, with arbitrators playing a crucial role in facilitating settlement.
The Importance of Arbitrators in Facilitating Settlement:
1. Time and Cost Saving: Facilitating settlement helps reduce the time and costs associated with disputes, as arbitrators can guide parties towards quick and effective solutions.
2. Preserving Good Relationships: Settlement can maintain positive relationships between parties, especially when disputes are resolved satisfactorily for all involved, thus helping avoid future conflicts.
3. Flexibility and Creativity in Solutions: Arbitrators possess significant flexibility in guiding parties towards innovative and independently agreed-upon solutions, allowing them to achieve settlement through various methods tailored to each dispute's circumstances.
Key Points:
1. Encouraging Dialogue: Arbitrators can facilitate settlement by encouraging parties to open channels of dialogue and negotiation, providing guidance and advice to achieve balance in positions.
2. Offering Interim Solutions: Arbitrators may propose interim solutions or temporary settlements as a prelude to a final settlement, which can be effective in easing tensions and avoiding escalation.
3. Motivation and Active Engagement: Arbitrators act as motivators for parties to achieve settlement, actively participating in the negotiation and mediation process to ensure desired outcomes are achieved.
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