Social Contract: Arbitration et al.

I have neglected one item in the social contract theme (see Joastler.blogspot.com, where the other items on the topic are taken up) that I need to include, one important in today's legalistic aurora.  It's the notion of arbitration--which also involves mediation and counseling.

We know that the courts provide remedy through litigation to resolve disputes by alighting upon a suitable remedy when a contract or a solemn agreement has been entered into.  Litigating usually leads to termination of the agreement or contract, inasmuch as the litigants become opponents in the court of law.  For there to be any chance of continuing the relationship, another procedure should be preferred; and this is where arbitration comes in. 

Arbitration generally comes into play when there is a dispute among the parties to some aspect of agreement or contract, but the disputants seemingly intend for the contract to continue.  So, I'm using the term to cover any appeal to a third-party to give counsel to those who have entered an agreement with one another or a contract in the effort of those involved to structure a modified agreeable relationship, i.e., one that is mutually beneficial but also entailing party responsibilities that facilitate the benefits' accrual--recognizing a change is needed.

1.  Counseling

Before initiating a contract, it is wise for the parties to seek counseling.  Typically, in commercial contracts this means involving a law firm as disinterested party.  He may even be charged with writing up the contractual terms.

If the contract is a marriage, the parties may substitute some clergy.  But in this day and age, the parties will also want to consult a lawyer to draw up a prenuptial agreement, having also legal weight.

2.  Mediation 

As disputes and disagreements arise among parties or as the contract is to be enforced under changing circumstances, e.g., some one party becomes disabled, a mediator may be brought in.  Each party retains his point of view toward meeting contractual obligations or receiving contractual rewards--the mediator simply acts to promote communication among participants that are to remain in  the contractual relationship.  Unions and management frequently make use of the mediation model to resolve labor relations disputes.

3.  Arbitration       

Generally, an arbitrator belongs to the AAA, the major association of arbitrators.  An arbitration can be voluntarily entered into or be binding and enforceable by the courts.  I understand, for instance, the mekical healthcare provisions upcoming will have an arbitration committee to settle disputes during implementation.

Under arbitration, I believe, the stances of the parties can be altered for the sake of continuing the contract--the services provided being of great importance to an industry or a corporation's existence.

In summation

There are ways to assure the continuance of a contract, though they might involve the payment of monies or the providing of services or goods to the parties deemed, through arbritration, to have been injured or harmed in violation of contractual terms.

The Meta-Elements of Arbitration 

1.  The promise. Through arbitration, the parties are signifying their desire to keep the contract in effect--if only certain changes were to be made.  Too frequently, going to litigation in court with both plaintiff and defendant identified as the signers of the contract lead to dissolution of the contract.

2.  The acceptance.  The parties altogether must seek remedy through the arbitration process, recognizing that there is merit to keep the contract in effect.

3. Areas of societal advancement.  There is recognition that the contract has merit and should be continued for the sake of the parties concerned.  Each recognizes the contribution made by his contractual participation is significantly contributing to the welfare of the others.

4. Provisions for breakdown.  Binding arbitration is the mechanism by which the parties are brought to arbitration for the social good.

5. Utopian vision pursued.  In an effort to enhance rational approaches to  human needs within the society, arbitration is a useful mechanism.