Disagreements are a part of life, and in some cases, these differences could lead to disputes. Resolving disputes is not always as easy as saying they will agree to disagree. There are many matters that require a solid resolution. Whether it is a divorce, custody battle, business dispute or real estate conflict, reaching an agreement does not always mean using the court system and going to trial. This is a costly and time consuming option, and if the parties can utilize an alternative dispute resolution method, this could mean a more sound resolution that saves the parties time and money.
Mediation is a form of alternative dispute resolution or ADR, and it is used to help facilitate a negotiation between the parties by using a neutral third party. This form of ADR does not involve decision making by the neutral party. Additionally, this process could begin by the parties themselves or be compelled by the courts, legislation or even contractual terms.
Determining if mediation is right for you is not always an easy step to take. In fact, some may not fully understand how beneficial it could be for them until they are going through the process. When parties are unwilling or unable to resolve a dispute, they could turn to mediation to initiate a structured, hands-on process that focuses directly on the issues they do not agree on.
By using a mediator, the parties could find common ground. Information is exchanged and the bargaining process can begin. Mediation can open up communication channels, help the parties fully understand the issues at hand and could assist with the development of a creative solution that works for everyone involved.
While there are benefits to experience in the mediation process, the reality is that it is not for everyone. Mediation may not produce any solutions or it may only resolve some of the problems brought to the table. Thus, it is important to note that this is a short-term process that may not yield a resolution.
There is no one size fits all way to resolve a conflict. The parties need to proceed with the method that will work best for them. Thus, it is important to explore alternative dispute resolution options, as mediation or arbitration may be the most effective way to reach a partial or complete resolution to their legal qualm.