Arbitration
Summary
The settlement of disputes by acceptance of the judgment of a disinterested third party, a practice as old as civil government and reflected in biblical imagery of the mediator and the daysman.
☩Definition
Arbitration is the settlement of disputes by acceptance of the judgment of a third party supposed to be impartial. It may also be defined as a method of arranging differences between two parties by referring them to the judgment of a disinterested outsider. The motive underlying arbitration is society's desire to eliminate force as a sanction of right and to introduce effectively the principles of the ethical order into the settlement of disputes. Some method of settlement by umpires is as old as civil government.
☩Biblical Usage
In Job 9:33 the 'daysman'—an umpire or arbiter between God and man—is perfectly described. The Greek term μεσίτης (mediator, middleman) has the same meaning and is applied in the New Testament to Moses and to Christ (Gal 3:19-20, 1 Tim 2:5, Heb 8:6, 9:15, 12:24). Jesus declined to act as an arbiter when asked to divide an inheritance: 'Man, who made me a judge or a divider over you?' (Luk 12:13f)—He knew the man was moved by covetousness. Jesus lays down universal laws of justice and love but does not apply them; moral casuistry was no part of His mission. As a matter of prudence, a willing settlement may prevent legal defeat or worse disaster (Mat 5:25-26, Luk 12:58-59).
☩Theological Significance
The principle of arbitration may be based on the Golden Rule (Mat 7:12, Luk 6:31) and the command to love one's neighbour (Mat 22:39, Mar 12:31). 'Blessed are the peacemakers' (Mat 5:9)—peace is the fruit of the Spirit (Gal 5:22). The Catholic tradition has affirmed conciliatory methods in labor disputes; Leo XIII's encyclical on working men approved such approaches, and figures such as Cardinal Manning mediated in the Dock Strike.
See Also
References
- 1.James Hastings (ed.), "Arbitration," in Dictionary of Christ and the Gospels, vol. I (T. & T. Clark, 1906–1908).
- 2.Charles G. Herbermann et al. (ed.), "Arbitration," in The Catholic Encyclopedia, vol. I (Robert Appleton Company, 1907–1912).