Making Up Can Be Magical

One possible way of resolving a disagreement is for both parties to work things out themselves thru negotiations, or, in cases of more private matters, a good heart-to-heart talk may occasionally do the trick. It might be great if everybody could figure out their issues and walk away buddies but in the ‘real world ‘ people frequently need an unrelated party to play a role in the negotiation process, so that’s what the majority of the discussion will target.

Historically, the third party who is usually concerned in matters of any amount of disputes is the court system. In cases of employment disputes, contract disputes, legal charges, family disputes and so on, the court system has nearly always been the way to settle almost any dispute once-and-for-all.

The nature of the court system works in a way that causes each side to work for their own selfish gains, without considering what is good for their ‘opponent. ‘ The trial court playing field is a place of competition.

Compared against just working things out, the court system is almost the 180 degree opposite. When parties meet in court they often work diligently to discredit the other while crediting themselves. The goal of each side is to suppress the other, and to win.

Instead of the formalities and competitive nature of trial court alternative dispute resolution methods have been thriving over the previous decades. The two main camps of alternative dispute resolution (ADR) are called “arbitration” and “mediation.” Arbitration is much like trial court in its competitive nature, nevertheless it lacks a large amount of the rituals, and therefore , tends to save lots of cash and time.

Whether you are keen on using a magistrate or a mediator it’s important to be completely sure that any individual that you use is qualified and experianced.

Aaron Dinkle is interested in the subjects of peer mediation and mediation.

Tags: dispute resolution, relationships, What is arbitration, what is mediation

This entry was posted on Monday, February 13th, 2012 at 4:17 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.