Conflicts can be the result of many different human interactions and usually, these can be resolved simply. In more complex situations conflicting parties may need the assistance of a mediator, a third party who is unbiased to either side that will guide communication and disputes. Meditation is one of the most chosen ways to settle disputes in personal relationships, business deals, and workplace issues. Throughout this blog, we will look further into mediation and other forms of dispute resolution.
So, what is mediation? Mediation is a voluntary and confidential process. A mediator, an unbiased third party will support and facilitate a discussion between opposing parties. It is a technique that is used to encourage both parties to participate in creating a solution to their conflict. A mediator is there to make all parties involved feel comfortable to express their needs and concerns in a safe space, they also make sure that everyone is heard equally.
We offer a free half-hour consultation for all family matters and for all civil disputes and employment matters. We will then recommend whether your case should first be attempted to resolve outside of court using mediation. If this is the path we believe is best for you then there will be an initial session where the mediator who will be working with you will explain the process and what is expected from both parties such as an open dialogue. Sessions that take place after this will then allow the parties involved to share their perspectives and work towards resolving the issue with potential solutions. The mediator will use listening and communication skills and techniques to help lead discussions.
Mediation has many benefits. It gives the parties involved in settling the dispute a lot more control over the outcome than if a case was to go to court. Another benefit to using meditation is its cost-effectiveness and time efficiency as it avoids having to go through court. Another benefit is that it helps maintain relationships as parties involved feel heard and respected throughout the process and are more likely to feel they are walking away with a deal that suits them
Adjudication is another form of conflict resolution. This is a legal process which is used worldwide. It provides an unbiased forum for all conflicting parties to present their case and issues. Unlike mediation, adjudication involves disputes going through a court or tribunal system. A judge or an adjudicator is appointed to the case, both, initially impartial. The conflicting parties will then present their evidence and arguments, and the judge or adjudicator will then form a legally binding decision. The adjudication process is suitable for dealing with many disputes including civil, contractual and administrative issues.
To start an adjudication process a claim must be submitted to the court or appropriate tribunal. Conflicting parties will then both have the opportunity to share their cases, this is normally done through legal representation. The next stage is for the judge or the adjudicator to assess the cases and the credibility of any witnesses. Then they will apply any relevant laws. During this process, it is not uncommon for some cross-examinations and hearings for the lead to gain more understanding. Finally, the judge or adjudicator will come to a decision and will deliver it to the parties involved.
There are many benefits to going down the adjudication process. These include the outcome of the process being a legally binding decision. This means that the decision made by the judge or adjudicator is temporarily binding until litigation or until both parties agree to terminate it. The process is also a fair way of dealing with disputes as both conflicting parties have the opportunity to share arguments and the outcome is decided by an unbiased party. Although usually more expensive than following the mediation process, adjudication can be seen as being more cost effective against a typical litigation with the outcomes still being respected as experienced court personnel are involved.
Mitigation and adjudication are both seen as fair dispute resolution methods. They both take the perspectives of conflicting parties into consideration and whether the outcome is self composed or finalised by a judge or adjudicator everyone feels equal and listened to. Mitigation is the perfect process for maintaining communication and cooperation. Adjudication is the best process for ensuring that disputes are resolved and confidence remains in the legal system.