Chaplaincy a Sure Partner in Arbitration

In the years past, arbitration and the work of arbitration had been left in the hands and care of the legal profession and practitioners as if arbitration is their sole prerogatives. However, in just recent times because of the growth and development of other interdisciplinary professions and professionals as well.

There is a new understanding that arbitration and the works of arbitration cannot be left in the hands and care of legal practitioners only as there are a financial arbitration requiring expertise hands who have robust financial knowledge and understanding which cannot be gotten amongst legal practitioners.

Arbitration is a process in which a dispute is settled by agreement of the parties involved with one or more arbitrators who make a binding decision on the dispute. Arbitration also is an out of court method for resolving a dispute between a worker and an employer.

Arbitration takes place in front of a neutral decision maker called an “arbitrator” or in some cases, a group or “panel” of arbirators who will listen to each side and make a decision about the case.

Purpose of Arbitration: Arbitration has four main purposes:

1.     Resoling contractual disputes between management and labour.

2.     Addressing interests of different parties in bargaining situation such as public sector labour relations.

3.     Settling litigated claims through court-annexed programmes.

4.     Resolving community disputes.

Types of Arbitration by Chap. Prof. Mike-Jacobs:

1.     Judicial arbitration.

2.     Contractual arbitration or by stipulation.

3.     Community dispute threatening litigation.

4.     Financial Judicial arbitration.

5.     Political Judicial arbitration such as:

·        Negotiation with bandits and the govetment.

·        Negotiation with terrorists and the government.

·        Alternative dispute resolution (ADR).

Mediation, negotiation, conciliation, peacebuilding and arbitration works are also the concern of all professions who have an interest in peaceful dispute and conflict resolutions amongst people in dispute or conflict for whatever reasons.

Other seasoned professionals have also penetrated into arbitration works partnering with legal practitioners to bring needed peace and peaceful co-existence to people in various communities and societies of the world because of the usual litigation processes and systems that has brought hatred to people in dispute instead of settlement and peaceful resolution.

Chaplaincy is a worthy partner in arbitration and a sure way of resolving disputes and conflicts at whatever level. Chaplaincy profession is a profitable partner in dispute and conflict resolution and peace building.

Bottom line for arbitration is settlement out of court also known and called “Alternative dispute or conflict resolution.”

Association of Professional Chaplains Inc. and Prodam-J Chaplaincy Concept over the years has introduced alternative dispute or conflict resolution to her members through a training workshop and those who gave themselves to the practice have been achieving great success and appreciation from the public, public institutions and establishments and such professionals have been granted recognition. What a wonderful testimony!

All we need to do as practicing professional chaplains in our various communities is to continue to practice what we are known for. We have some example to point to in our situation in Nigeria since the year 2014 AD:

1.     During president Goodluck’s regime, a British clergyman came to Nigeria to negotiate between book haram terrorists and the federal government.

2.     The recent experience in the prevailing situation in Nigeria with bandits, the Sheik Gumi’s group who have been negotiating between the federal government and the bandits for the release of the people kidnapped such as the kidnapped people who were going from Abuja to Kaduna which the kidnappers attacked and took away about 100 passengers from the train.

 

 

Chap. David Mike-Jacobs CPC, CPST, BCC.

Professor of Anthropology, Certified Chaplaincy Educator & Trainer.

Blog: thechaplain1.blogspot.com

30^th Aug. AD2022