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What is conflict resolution?
Conflict resolution is a process to resolve disputes, using mediation and negotiation principles. Think of a time when someone you know had a disagreement with their neighbor. For the sake of argument, let’s call them Frank and Bob.
Frank and Bob’s issue started small, and escalated into a major “war of the neighbors”.
As the story goes: Frank, Bob, and the Lemon Tree
Engaging a mediator who uses conflict resolution tools, can help them work things out in a way that will work for both of them. If they both agree to enter into mediation, they can explore ways to resolve their conflict.
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Why Mediation?
Let’s look at the choices:
What’s the Difference?
Mediation is voluntary, and the people involved (parties) decide the outcome. More often than not, mediation may take a lot less time and money than court proceedings.
The parties agree to engage a mediator. The mediator does not take sides, and does not make a decision for either party. All affected parties are involved in the process, and share the cost of mediation.
Mediation is confidential. What you share with the mediator will not be disclosed to others. With the mediator’s help, both parties negotiate and collaborate on what the outcome will be.
You are free to withdraw from mediation at anytime, and other options are always available. However, when the parties work together and reach a fair agreement, it can be beneficial for both parties, and you can both win.
Arbitration, a way of settling disputes, is a process resulting in a decision made by a third person.
The arbitrator listens to both sides, collects evidence, and makes a decision for one of the parties. The process of arbitration is similar to court proceedings, but without a jury. The arbitrator cannot talk separately with either party, and considers only the presented facts. One of you wins, and the other loses.
A lawsuit (litigation) is decided by a court. It can take a long time, and attorney costs can be very expensive.
When you hire a lawyer, he presents your side in court. You pay for it. The other party’s lawyer takes their side, and they pay for that. One of you wins, the other loses. Not only does the loser lose the case, but often also a substantial amount of money.
Whatever your relationship with the other side, after the lawsuit it may be seriously damaged, or even destroyed. If the relationship was important, you both lose.
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