“Courage is what it takes to stand up and speak. Courage is also what it takes to sit down
and listen.” -Winston Churchill
Offering Flexibility, Finality and Security within Conciliation
Judges in court face the challenge of adhering to the rules of evidence which severely limit how
much they are able to hear and consider and often fail to provide context, leading to decisions
that do not take into account the highest priorities of the parties. At The Resolution Center,
Arbitrators act much like a private judge with one notable exception. They are able to sit down
and listen. An Arbitrator steps into those cases in which parties cannot finalize an agreement.
Arbitration provides finality and certainty to the parties, but only after they have made every
attempt to resolve the issues directly between themselves.
Arbitrators have more power than a judge. Arbitrations are governed by contracts between the
parties, contracts that set forth the authority of the arbitrator, and the rules of the process to be
conducted rather than the rules of court and statutes that govern the authority and process of
judges in litigation, Arbitrators can have more flexibility and authority to order or approve
solutions that don’t comply with a court rule or statute. The Resolution Center conducts
arbitrations under the terms of the Indiana version of the Uniform Arbitration Statute, IC 34-57-2
and the Rules of Solution-Focused Conciliation which are adopted by the parties as a part of their
When parties have gone through mediation with The Resolution Center but have been unable to
resolve all the issues, they can choose:
- To have their Mediator decide the remaining issues in an informal arbitration process.
- To present their side of the issues to a previously uninvolved Arbitrator who makes the final decision, or
- To present their issues in a more formal manner to a panel of arbitrators.
The parties determine the options best suited to their circumstances and are not bound by the use
of the procedural complexities and limitations of the legal system.
Arbitrators listen, discern the priorities of the parties, and work to create decisions reflecting the
best possible outcome for both given the circumstances. The “rights” of the parties do not drive
this process. Instead it is the future relationships of those involved that influence final arbitration
decisions. When relationships are preserved or restored all parties can move forward beyond the