Finding Resolution
Once a conflict has been
identified, resolution is what is next. A failure to resolve a dispute
only leads to more conflict. The key therefore is to find and use the
correct conflict resolution process. There are several but for now we will
address a few: Negotiation, Mediation, Arbitration and Litigation.
Negotiation. “In
negotiation, disputants (or their representatives) engage in a dialogue aimed
at settling or resolving the conflict. The dialogue may be verbal and
face-to-face or telephone-based, written, or conducted while using one of the
many modern technologies available for communication purposes, such as e-mail,
instant messaging, or videoconferencing. The disputants are in control of the
outcome of the conflict: It is their decision whether to settle. The other
broad type of dispute resolution process is adjudication, which is
distinguished from negotiation in that a neutral third party, rather than the disputants,
determines the outcome, which is binding on the disputants” (Coltri, 2010, p.
8).
What is
Mediation? "Mediation" means a process
whereby a neutral third person called a mediator acts to encourage and
facilitate the resolution of a dispute between two or more parties. It is an
informal and non-adversarial process with the objective of helping the disputing
parties reach a mutually acceptable and voluntary agreement. In mediation,
decision-making authority rests with the parties. The role of the mediator
includes, but is not limited to, assisting the parties in identifying issues,
fostering joint problem solving, and exploring settlement alternatives. Fla.
Stat. 44.1011(2) (2008).
It is a voluntary
process where the parties are the decision-makers. The role of the
mediator is to assist the parties in identifying issues, fostering an
atmosphere conducive to joint problem solving and exploring settlement
alternatives.
Mediation
is an extension of the negotiation that is voluntary and involves the
intervention of an acceptable third party. This third party has no
authoritative decision-making power but is there to assist the parties in
resolving their conflict (Moore, 2003). The mediator assists the parties
in voluntarily reaching an acceptable agreement or settlement based upon their
dispute or conflict. Many times, a mediator addresses the procedural and
substantive issues of the conflict and may also strengthen relationships, build
trust among the parties or minimize emotional and psychological harm (Moore,
2003).
Arbitration.
“It fits the classic definition of adjudication, in that the disputants present
their cases to a neutral, called an arbitrator, who issues a binding decision
in the matter” (Coltri, 2010, p. 9). It is similar to litigation but is handled
privately and is binding. It looks and feels like a trial but in reality it is
an alternative form of conflict resolution. Unlike mediation, the decision of
the arbitrator is binding.
Litigation. Litigation
is the adjudication of an interpersonal conflict under the auspices of a court
system and is characterized, in many Western countries, by a formalized and
ritualized adversarial procedure, including carefully prescribed rules of
evidence and procedure designed to ensure fairness (Coltri, 2010, p. 9). The
system is controlled and guided by a complex set of rules of evidence and
procedure. Many disputants who participate are unhappy or unsatisfied with the
results because they never got to “tell their story”.
References
Coltri, L. (2010). Alternative dispute resolution: A
conflict diagnosis approach (2nd ed.). Saddle River, NJ:
Prentice Hall.
Fla. Stat. 44.1011(2) (2008).
Moore, C. W., (2003) The Mediation Process: Practical Strategies
for Resolving Conflict. San Franscisco, CA: Jossey-Bass.
