Nimraj Consultancy

INTRODUCTION TO MEDIATION

DEFINITION

Alternative Dispute Resolution is the procedure for settling disputes without litigation.

TYPES

Arbitration, Mediation and Negotiation

MEDIATION

It is a collaborative process where a mediator works with the parties to a mutually agreeable solution.

It is a private non binding form of ADR where a neutral third party allows parties to come up with their own solution.

The main reason why parties need to opt for mediation in the resolution of disputes is to preserve relationships.

This may either be personal, professional or commercial relationships.

Other reasons why parties should settle their disputes using mediation are:-

1. It resolves issues faster; time saving.

2. Cost saving; mediation is cheaper than litigation.

3. Disputes are satisfactory; resolved by both parties.

4. Reduces emotional trauma unlike litigation.

4. Access to justice- enhanced accessibility.

5. Done in privacy.

6. No rules of procedure unlike litigation.

7. Voluntary- non binding.

8. Parties have control of the process; parties resole their own disputes.

TYPES OF MEDIATION OFFERED

1. Family mediation

2. Landlord tenant mediation

3. Contract disputes

4. Employment disputes

5. Consumer/merchant disputes

What is Conflict?

Any situation in which people have incompatible feelings and interests

People can either have constructive or destructive responses to conflict

Constructive responses are divided into two;

Active
1. Perspective taking
2. Creating solutions
3. Expressing emotions
4. Reaching out

Passive
1. Reflective thinking
2. Delayed response
3. Adapting

Destructive responses are also divided into two;

Active
1. Winning at all costs
2. Displaying anger
3. Demeaning others
4. Retaliating

Passive
1. Avoiding
2. Yielding
3. Hiding emotions
4. Self criticizing.