Conflict to Peace
Fairfax,#2UPDATE Employee
Mon, December 09, 2013
Confidentiality is a hallmark of the full range of alternative dispute resolution (ADR) services that our non-profit firm offers. Therefore, we cannot speak with any specificity to the dissatisfaction posted on this site that would breach that duty of confidentiality.
Arbitration is a voluntary process wherein disputing parties agree to submit their positions to a neutral (person or panel) for a decision that is final and binding. Since arbitration awards are enforceable in the courts, the statutes governing it are stringent to guarantee that fairness prevails. Arbitrators may not exceed their authority without rendering an award unenforceable.
Regarding the asserted contract invalidation, the presented information represents an oversimplification of a very complex set of facts that significantly distorts the outcome and misrepresents the basis for the decision. There was no challenge brought to the exercise of our authority at that time, or subsequently. To change the terms of the parties’ contract is, on its face, exceeding authority, even when an original agreement is erroneous.
Regarding the child custody issues, such issues are infrequently submitted to binding arbitration as numerous public policy issues are at play and are only accepted by us when accompanied by a contractual commitment by the parents to honor the decision and an acknowledgment by the parents that no decision, whether by an arbitrator or a court, is ever final and is always subject to subsequent revision by a court when there is a change in circumstances that impacts the best interests of the children. When such a change in circumstance occurs, no prior decision will stand.
Conflict to Peace (formerly CRCS) much prefers mediation in which moms and dads collaboratively work to structure an agreement that meets everyone’s interests – especially their children’s. Approximately 85% of conflicts voluntarily submitted to mediation result in settlements.
Dispute resolution almost always involves strong emotions. In arbitration, which is a zero-sum / win or lose process, dissatisfaction is not infrequent. When compared with the costs, delays, notoriety and uncertainty of litigation ADR it is still a preferred means of resolving conflicts of all kinds.
Over the past eighteen years we have helped hundreds of men and women, moms and dads, churches, businesses and employers avoid, manage and resolve conflict. The fact that there has been one disgruntled client over this period and within this population should be considered when evaluating our reputation.