Conflict is never pleasant to deal with, whether in business or within the ranks of family. It is always preferable to first attempt to resolve conflict between the disputants by means of mediation, before resorting to an official court process.
When mediation is introduced into a situation of conflict, it provides greater control over the resolution of the problem. This is because each party involved in the dispute is directly involved in putting together suggestions towards a solution that is beneficial for all.
Furthermore, a mediator is appointed to facilitate the mediation process and from their neutral position they can provide support to both parties. Mediators are well trained to deal with tense situations and can help preserve relationships between family members and business partners, because they help parties focus on airing their grievances or dignity violations, in a constructive manner. Very often, after disputes are settled through mediation, businesses for instance, where mediation was used to resolve partnership grievances, can continue functioning with all their important members intact.
Mediators are also proficient in identifying strengths and weaknesses in each party’s case and preparing the disputants for the possibility relating to settlement and that they may feel they have to settle for less, where they will however rather be gaining so much more than what they were expecting. The ultimate goal is settling on a satisfactory solution which is acceptable by all the parties involved in the mediation process.
Mediation is a voluntary process at a greatly reduced cost, compared to the costs of having to process with litigation. It is can also be a much faster process compared to what litigation may hold for the parties.
Several types of disputes can be solved through mediation
This includes personal injury disputes, business disputes, breach of contract disputes and family disputes. Once it has been established that a situation of conflict cannot be resolved by the disputants themselves and a mediator has been appointed, the first stage of the mediation process is ready to kick off whereby the process begins by the mediator providing his or her opening statement to the parties as well as explains how the process will work.
Once the mediator has explained the rules of the mediation process during the opening statement, the disputants are invited to state their grievances and the consequences of the dispute. To a mediator, this is known as the “dignity violation”.
After this, a joint discussion takes place and then each party is given the chance to speak with the mediator in private. The Mediator will thus have individual sessions with the disputants, in as many instances as necessary, in order to delve deep into the root cause of the dispute. All of the discussion however remain completely confidential between the disputant, as story teller, and mediator as the trusted listener. It is during these individual sessions that the mediator can bring offers from one party to the other, only if mandated to do so, without them having to be in the same room.
Once the dispute has been heard and discussed, the mediator will then only bring the parties together again in a shared space, in such an instance where a settlement has been reached. This agreed-upon settlement is then reduced to writing and signed by all the parties involved.
Don’t wait for a dispute to get out of hand before involving a Mediator
It is always in the best interest of all parties in the centre of a dispute, to have a mediator who can maintain calm and steer the dispute towards an amicable solution. At LOTG, we have the best interests of all parties at heart. Through our civil and family law mediation service, we aim at finding the best resolution between the disputants and if at all possible, restoring relationships between the parties. We also aim to provide mediation services as cost-efficiently as possible.
Don’t wait for a dispute to get out of hand. At the first sign of trouble, contact LOTG and get the matter settled quickly and fairly.