Conflict is a persistent reality for many groups and individuals — it can exist between businesses, in families, in workplaces and for community groups. Some disputes are resolved swiftly by the individuals involved and result in renewed relationships and positive changes; other disputes, however, remain unresolved and are debilitating, costly and time-consuming.
Resolution of these intractable disputes via litigation is adversarial and determined by application of the law rather than consideration of the parties’ legitimate interests. In general, where the parties are ready and willing to participate, mediation is quicker, less expensive and more likely to preserve relationships than litigation.
Mediation is a voluntary process where the parties are empowered to negotiate their own confidential outcome. The mediator is an independent, impartial third party who helps the participants to hear each other properly (often for the first time), creates opportunities for exploring issues and generating options and supports the parties to negotiate mutually acceptable outcomes.
Mediation has the added advantage of confidentiality; while court hearings are public, mediation outcomes remain strictly confidential. This can be attractive for disputes relating to commercially sensitive information or personal facts that the parties want to keep out of the public arena.
At Resolving Matters, we conduct mediations for workplace, commercial, community and organisational disputes.
Our particular interest and speciality is conducting mediations as a means of dispute prevention rather than only dispute resolution. We believe that better outcomes are the result of better upfront conversations and we work with clients who have a desire to plan projects or negotiate contracts so that future conflict is avoided.