Conflicts are an inescapable part of everyday life. As long as you interact with human beings, there is bound to be conflict. The bitterness that comes with conflicts hinders progressive human interaction. So, there’s a need to resolve any dispute to enjoy the pleasure of civil discourse.
When discussing conflict resolution, most people feel it is the traditional litigation process where a judge presides over your case and decides who is wrong or right.
In the traditional method of resolving disputes, there’s always a winner and a loser. But conflicts don’t always have to end that way. You could reach a mutual agreement where everyone wins.
The traditional litigation process is not the only way of resolving disputes. It is obsessed with compromise and settlement. It has become normal practice for the litigants to settle and prevent the case from being tried. In fact, less than 6% of cases filed make it to trial.
There are several other methods ranging from mediation, negotiation, and arbitration. The advantage of these methods is that they are more likely to give you a fair and reasonable solution that will appease all the parties involved.
Let us look at the three best and most modern methods for resolving conflicts and disputes.
Arbitration
Arbitration is also referred to as Alternative Dispute Resolution, the most popular method of conflict resolution.
In the arbitration process, the disputing parties table the issues before an impartial judge listens to both parties and makes a ruling. For any chance of justice, this arbitrator must be impartial.
In the arbitration process, the disputing parties must decide if the arbitrator’s ruling is binding. They also have to decide the procedures to adopt during the hearing.
Any of the aggrieved parties can appeal an arbitrator’s ruling. However, if both parties had agreed that the arbitrator’s ruling is binding, then the judgment is not open to appeal.
An arbitrator is usually one who is experienced in that particular field. The arbitration process is especially useful if you don’t have the wherewithal to spend on court proceedings.
Another advantage of the arbitration method is that it is private and voluntary. Many corporations now put a clause in your contract that involves you undergoing an arbitration process instead of going to the courts in case of a dispute.
It’s a good time to consider alternative dispute resolution options in your conflict resolution process. It not only saves time and money, but it’s also efficient. So efficient that the courts require that most conflicting parties try out alternate dispute resolution processes before the case goes to trial.
Mediation
In the mediation process, an impartial person seeks to reconcile two disputing parties by managing the communication between two disputing parties.
Unlike an arbitrator, the mediator does not make a ruling. Their job is to ensure that the two conflicting parties reach a mutually beneficial arrangement using civil discourse. If you understand the definition of civil discourse, then the whole process would be easy.
The abilities of mediators are usually needed when there is a breakdown in negotiation. He steps in to ease communication between the conflicting parties.
For instance, a debtor with no means of paying and does not want to be dragged to the court will arrange for a mediator to communicate his intentions to renegotiate repayment terms and reconcile with the lender.
This reconciliation can be in the form of the debtor giving up some of his properties until such a time that he can come and claim them back. If both parties reach an agreement, it’s usually penned down and can be used in court if the matter escalates.
A mediator can be an attorney or any professional trusted by both parties. However, it is advisable to go for professionals with experience in the topic causing the conflict.
Mediation is usually confidential and private. Not only that, but it also promotes cooperation and communication. The mediation process allows you to present your case by yourself. It’s flexible and voluntary, but perhaps the most important aspect of mediation is that it usually results in a win-win situation for everybody involved.
Negotiation
Every one of us, one time or the other, has been involved in negotiating a position either for ourselves or for a friend.
Negotiation is the commonest way of settling conflicts. It involves many going back and forth until a solution is reached.
The negotiating party determines the rules of negotiation. Negotiations are usually fast and affordable. And it often results in a mutually beneficial arrangement.
Suppose you find yourself in a dispute; you should endeavor to try out these resolution methods or consider them when faced with an expensive lawsuit due to a dispute.
