Difference between arbitration and mediation

Difference between arbitration and mediation

By KAS   03:24   No comments:

It is extremely common to be part of situations in which a unanimous opinion between two or more parties is not possible. There are different types of people in the world, coming from different parts, belonging to different cultures and religions and hence having different opinions, thoughts and ideas. Therefore, it is not always easy to settle on a mutually agreeable opinion or decision, be it a household, a mere firm, a partnership of 2 or more people or a large firm having a dozen directors piloting it. This is not that big a deal than the situation when there is a dispute or much undesirably, a fight. Not agreeing on one thing for a future decision is okay, but already having some issue at hand or a dispute which needs resolving becomes very difficult if it is here that the difference of opinion arises. However, there are certain methods that can be used to resolve an issue or a dispute provided that both parties agree to resort to it. Two of the very efficient and widely acceptable processes are arbitration and mediation. Both of them can resolve a given issue but they are not the same. They are different in the measures they take and the solution they suggest and must not be confused with each other.

Mediation, to begin with, is a form of ADR, that is, alternative dispute resolution and is often used in laws. It has some concrete effects and can be used to deal with an issue between two parties. To understand it in a simpler way, try to think that mediation, derived from medium, refers to the central path. This in turn implies that if two parties have a difference in opinion, than the solution is to use a mediate path if it suits the situation. This would mean that none of the parties get exactly what they want at the expense of the other, but neither of the party loses totally what they stand for. The mediate solution is such that both may be partially satisfied. To bring out such a mediate solution, a third party, known as the mediator needs to step in. The job of the third party is to negotiate a settlement between the first two. However, it must be taken care of that the mediator is neutral and not biased towards any of the two. He/she does not direct the process but in effect facilitates it.

On the other hand, arbitration is a way to resolve a dispute with the help of one or more persons who form a panel and are known as arbitrators. The two parties must agree beforehand that they will agree to the decision that the arbitrators(s) come up with. Again, the arbitrator should be neutral and should review the evidence and witnesses and use it to impose a decision that is enforceable in courts as well as legally binding for both sides.

Whereas in mediation the trial is stayed, or put on hold, it is replaced by arbitration in the latter way. Moving on, the third party involved also varies. Mediators are usually only one per case and need not have any form of legal training. In contrast, there may be one or more arbitrators and they too need not have legal training. The mediator merely facilitates the discussion and their decision may reach a result or remain deadlocked. However, an arbitrator renders a decision on the matter until the solution is reached.

Summary of differences expressed in points

1. Mediation-a form of ADR, that is, alternative dispute resolution, often used in laws; mediation, derived from medium, refers to the central path, this implies that if two parties have a difference in opinion, than the solution is to use a mediate path, none of the parties exactly get what they want at the expense of the other, but neither of the party loses totally what they stand for, facilitated by a mediator; Arbitration-to resolve a dispute with the help of one or more persons who form a panel and are known as arbitrators, the two parties must agree beforehand that they will agree to the decision that the arbitrators(s) come up with

2. In mediation the trial is stayed, or put on hold; it is replaced by arbitration in the latter way

3. There is one mediator; one or more arbitrators

4. Mediation may or may not reach a solution; arbitration usually does.

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Difference between Muslim and Christian Marriages

Difference between Muslim and Christian Marriages

By KAS   11:40   No comments:

Muslim vs Christian Marriages

Marriage is plays a central role in forming the culture of any socio-religious group. In Islam Marriage is considered important by all socio-economic groups and The Holy Prophet Muhammad (pbuh) has recognized its importance by saying that marriage is half the religion(Maqsood 3).In Christianity however, marriage is religious sacrament and it is thought to be a gift from God, one that should not be taken for granted (BBC). Although in today’s time engagement ceremonies are a globally practiced pre-wedding event, the importance of this ceremony varies significantly between religions. In Christian traditions, engagement is an important event and some sects stipulate the minister’s presence at and blessing of the engagement. The engagement period is 2 years for most sects but can be extended. While in Islam engagement holds no religious importance and there is no set time for the engagement to last before the marriage ceremony can take place. In both religions, the marriage is a contract between a male and a female which results in a physical and spiritual union of the two. The Muslims require two witnesses from both sides while the Christians require a total of two witnesses (bridesmaid/best man). According to Islamic traditions it is not required for the bride to be present at the time of signing of the contract as long as her two witnesses are present while in Christianity both the bride and the groom are required at the place of contract signing. In Islam a payment is agreed on, that is to be paid to the bride by the groom at the time of Nikha( marriage contract), this payment is called Mahr and it is for the bride to spend however she wishes( Maqsood).

In Catholic Christians some religious rituals are supposed to be performed as part of the wedding ceremony which include, ‘Bible readings, one from the Old Testament, a responsorial psalm, a New Testament reading, a Gospel acclamation, a Gospel reading and a homily’(BBC), hymns and prayers. In Islam prayers and Quranic verses are often recited but such rituals are not compulsory. The Islamic wedding ceremonies are often culturally influenced and vary enormously according to different cultures and therefore besides the basic ceremony of Nikah other events have also made their way into Muslim wedding practices in the recent times.

In many religions with the solemnization of marriage, the husband and wife are entrusted with some basic rights and privileges to govern their married lives. One of the most important aspects of marriage is the physical relationship. Islam speaks boldly about sex and it allows the couple to express its love in any manner that is pleasurable to both the partners however it is forbidden to use any foreign items for pleasure and the couple is recommended not to perform acts that maybe harmful to them. Foreplay is high recommended taking in account the higher emotional needs of women and in order to build trust. In Christianity sex is not talked about openly and most books talk about the ‘spiritual’ idea of sex. On the question of birth control, Islam takes a liberal approach and allows the female to take contraceptive pills and encourages family planning although it prohibits contraceptive measures after the egg has been fertilized and it is considered a sin. The Christian view on birth control has changed over time since Biblical texts disallow the use of contraception while the growing need of family planning and population pressure has forced many women to resort to taking contraceptive measures. Therefore the church has become more lenient overtime in this regard.

Divorce happens to be another element associated closely to the institution of marriage. Both religions consider divorce to be an undesirable act; however Islam is relatively lenient regarding this issue and allows both the husband and the wife to opt for separation. On the other hand divorce is considered to be a grave sin and it is assumed that if husband and wife marry, they will remain married for the rest of their lives. Moreover, Muslim men are allowed to have up to four wives in marriage at a time while polygamy is not allowed in Christianity.

Main Differences:

Marriage is considered a sacrament in Christianity while it is not so in Islam.

Engagement is not of any religious importance in Islam but it is an important pre-marriage ceremony for Christians.

Marriage in most Christian sects takes place in a church but a Muslim marriage can take place anywhere.

Nikah is the only religious requirement for marriage in Islam however in Christianity there is a sequence of rituals that take place during marriage ceremony.

Sex is talked about boldly by Muslim scholars. Christians talk about sex in a ‘spiritual’ context.

Birth control is allowed in Islam while disallowed by the Bible.

Polygamy is not allowed in Christianity but Muslim men are allowed to have up to 4 wives at a time

Divorce is considered a sinful act in Christianity but it is not so in Islam.

A minimum of 4 witnesses are required for Muslim weddings while a minimum of 2 witnesses are needed for Christian weddings.

Muslim women are to be paid a sum of money that is agreed upon by two contracting parties at the time of the marriage by the groom.

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