Mediation. The right choice for your conflict?
Mediation is an effective and efficient way to resolve conflicts. In mediation, parties attempt to find their own solution to their dispute with the help of a neutral and independent third party, the mediator.
There are several factors that may play a role in deciding whether or not to choose mediation as a method of dispute resolution.
If in doubt about whether mediation is right for your conflict, our checklist can help you make the right decision.
How should I choose?
Below we list six questions that can help you make a good choice :
Are all involved willing to find a solution together?
Mediation requires that all parties are willing to sit down together at the table as well as willing to work together to find solutions to their conflict. In other words, mediation requires a positive commitment from all involved. When this commitment is present, it forms a good breeding ground for successful mediation.
Do I expect to have to deal with the other party in the future?
There are situations in which a conflict exists between parties who will (presumably) continue to deal with each other in the future. This includes conflicts involving family relationships, between neighbors, between employees and employers, between business partners, commercial relations, etc. In such circumstances, mediation can be a good choice. Indeed, in mediation, the mediator will also pay attention to the relationship between the parties and try to improve it so that future conflicts can be avoided. In this way, trust between parties can also be worked on.
Do I desire a customized solution?
Unlike court proceedings where the judge must apply the law, mediation allows parties to choose creative and customized solutions. Moreover, solutions chosen by the parties themselves are often more durable.
Do I want a quick fix?
In most cases, parties reach resolution of their dispute more quickly through mediation than in traditional court proceedings. If a short time frame is important to you, then mediation may be the most appropriate method for reaching solutions.
Is the cost issue important?
Mediation is often cheaper than court proceedings. The costs of mediation and the mediator's fees are usually shared between the parties, whereas in legal proceedings all parties will have to individually cover the costs of their own lawyer. The cost is also related to the length of time. Long legal proceedings that drag on will increase the cost.
Do I not want the dispute to become public?
In a lot of conflicts, there are elements present that are sensitive so the parties involved prefer that their conflict not be made public. Since mediation is a confidential procedure, the parties have a guarantee that everything they discuss in mediation will remain secret. This confidentiality can be an important factor in choosing mediation for conflict resolution.
If you have gone through this checklist and can answer "yes" to most of the above questions, then mediation is an appropriate method to try to reach solutions in your conflict.
Would you like more information about mediation? Please feel free to contact us at info@bannister.be or at 03/369.28.00. Our mediators are always ready to help you further.
