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Conflict Resolution

Is Mediation Right for You ?

Mediation is a standalone mechanism to resolve conflicts, and it is also an important part of other ways of resolving disputes. E.g. in Collaborative Law and Arbitration methodologies, mediation is often prescribed first. 

But, is it right for you, in resolving a dispute with someone ? 

You will need to ask yourself these questions :

  • Do you want to keep "legal" costs low ?
  • Do you want to keep things private & confidential ?
  • Do you want to resolve things quickly and get on with more important things ?
  • Do you feel the other party does not listen to your arguments ?
  • Do you need a neutral person to listen, and put things in perspective ?
  • Do you genuinely want to find a way out of today's situation ?
  • If Mediation does not work out, do you still want your case to proceed through other avenues, without prejudice* ?
    (* going through mediation will not jeopardise your other legal alternatives)

If any of the above answer is "Yes", it is very likely that mediation is right for you.


What are the other ways to resolve disputes ?

Dispute Resolution alternatives

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Negotiation
Between two (or more) parties, to try to give and take, without a neutral judge presiding. Contention cases, parties' ego and long held positions get in the way.

Private & confidential, but the settlement is hard to enforce.

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collaborative law
This is used for divorce and family law areas. It is a legal process, involving lawyers, that has both parties settle between themselves, to avoid an uncertain outcome if decided only by the court.

The court usually serves as the rubber stamp, to effectively bind the parties to the negotiated outcome.

Usually public.


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Mediation

Between two parties, presided by a neutral mediator(s), to facilitate the crux of the issue, but not to judge the outcome. Any agreement is freely entered into by the parties. and lawyers are optional, yet not mandatory.

Entire process is private & confidential, without prejudice, and other legal recourse is possible if unresolved.

Mediation is becoming an indispensable cog, as a precursor to litigation in a court of law. 

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arbitration

 An agreed arbitrator (usually institutionally based, e.g. FIDReC, TADM) hears out the issues between the parties, and makes the decision.

Decisions are meant to be final and binding, though the cases can still go for litigation. 

Private & confidential.

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neutral evaluation

An agreed to expert will will provide a balanced and neutral evaluation of the issue. Neutral Evaluation is sometimes done, before litigation work, to let parties know the strengths & weaknesses of their case.

Evaluations are mostly not binding, and are private & confidential.

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litigation

An adversarial process, with the judge being the decision maker.

Legal knowledge is paramount, and lawyers argue for their respective clients, with egos and nerves fraying.

Cost prohibitive, and time consuming, with no guarantee of winning. The process is open to public, i.e. there is no privacy nor confidentiality.