Conflicts are part of life, and the way you solve them makes the difference. Not all conflicts are serious, and you may choose to settle them amicably without involving external sources, while others are serious. You need to follow legal procedures for peaceful conflict resolution. Litigation is one of the popular methods of solving conflicts. This process is costly and time-consuming, making it unsuitable for many. Here are some other ways you can solve disputes out of court.
Mediation
In this method, you seek the assistance of a mediator conversant with the laws of your state to aid you in settling the dispute peacefully. The mediator will ease tension between both parties and ensure the solution creates a win-win situation. The cost of hiring a mediator is split between the parties. In addition, your mediator will provide you with a solution to maintain peace and settle a similar dispute in case it arises again.
Disputes Suitable for Mediation
- Workplace disputes
- Estate disputes involve pets, children, noise, overhanging trees, and fences.
- Family disputes
- Commercial disputes
- Property disputes
Three Golden Mediation Rules
All Parties to Be Present
A mediation session cannot proceed if the parties involved haven’t agreed to be present during the conflict. To ensure this is successful, ask your mediator to choose a flexible and convenient venue where you will be comfortable. Ensure you agree on a suitable meeting time with your mediator and the other party.
Present all Documents
In any conflict settlement process, documentation is very key. If you have any documents relating to the dispute you are solving, ensure you present them when you meet the mediator. Some of the documents you present may serve as evidence, and they will go a long way in aiding the mediator in settling the dispute with ease.
Be Direct
As much as possible, try to remain relevant to the dispute. Ensure you present all the facts and details associated with the dispute. Being direct will enable the mediator to solve the dispute within the shortest time possible.
Treat the Other Party with Decorum
To maintain peace and harmony while solving the dispute, ensure you treat the other party respectfully. While the other party is making its case, maintain silence. Ensure you respond politely and respectfully to any questions the other party asks.
Negotiation
Negotiation is the most affordable conflict resolution method. In negotiation, you need to talk to the other party and come up with a perfect solution that will settle the dispute peacefully. In negotiation, both parties should be ready to communicate and practice turn-taking effectively. Here, you don’t have to invite a third party to aid you in settling the dispute. In many cases, successful negotiations lead to long-lasting and beneficial friendships. You can take courses and lessons on how to ace your negotiation game while settling disputes.
Arbitration
When mediation and negotiation have failed, arbitration is a perfect consideration. In this method, the disputing parties will face a panel of neutral arbitrators who will listen to both sides and provide a solution. For the arbitration process to be fair, the disputing parties choose the panel. If you are afraid of facing the other party, you can choose a representative to talk on your behalf. Arbitration is a much quicker and less formal way to solve disputes compared to litigation.
To avoid judicial congestion of cases, settling disputes out of court is advisable. The above methods are much cheaper and more efficient compared to going to the courts. You can opt to go to court if you are unsatisfied with the decisions from the above methods.