Conflict can arise in any number of situations. Sometimes it is between family members who disagree about relationships, estates or dependent adult issues. Business transactions involving property, or organizational issues can also be difficult at times. Municipal boundary issues, condominium owner disputes or even contracts can led to individual upsets.
There are several ways that these types of conflict can be resolved outside of a Courtroom. Following are three very good options:
MEDIATION - One or more parties may decide to involve a trained impartial person who can help to identify their needs and interests. When they hear each other's stories and finally reach an acceptable agreement a Mediation Agreement or Memorandum of Understanding will be prepared for them to review.
ARBITRATION - This is a more defined process which involves holding a hearing to settle disputes. An independent, impartial and qualified Arbitrator outlines set rules and allows the parties to present evidence as well as witnesses. The Arbitrator makes binding decisions under legislation that gives him or her jurisdiction.
FACILITATION - Larger numbers of people or groups might ask a neutral third-party to assist them in moving towards resolution of their issues. A Facilitator is a leader who guides the process which allows everyone the right to know, a chance to be heard and fairness.
All three of these types of conflict resolution can be cost-effective and time efficient. Because there is usually only one professional involved in the process, fees are less than if two lawyers and the Courts are involved. Usually the costs are shared by the parties involved
Using these processes, there isn't any need to wait for a Court date and scheduling can therefore be done at a time that is suitable to everyone involved. Also, these sessions are less formal that in the Courtroom. In fact, the parties have a chance to respectfully voice their concerns and also to suggest possible solutions on their own, without need for legal counsel to be with them.
Conflicts can be unique and their solution can also therefore be unique. Each person involved has a chance to help craft a creative resolution that will be acceptable to everyone. Their privacy is protected as no public record will be made.
If you are experiencing a conflict with someone, it is good that you understand that there are different ways that you can attempt to resolve it. Often investing a little time and money into either a mediation, arbitration or facilitation process will help you to resolve the issues and put the conflict behind you.