Conflicts may arise at any moment and with any person. Some may be more severe than others, and even involve a greater group of people.
Mediation is an alternative system for conflict resolution in which the purpose is to face conflicts in a pacific and neutral manner. The parties voluntarily resort to an impartial third-party, or mediator, in order to reach an agreement that satisfies the demands of both parties.
In addition to mediation, there is another method for conflict resolution known as arbitration. We recommend you read our entry on the difference between mediation and arbitration to learn more about the topic.
Stages of mediation during conflicts:
- Preparation: The place in which the mediation is conducted should be neutral, thus it is usually chosen by the mediator. There must be a round table to maintain certain distance between the parties.
- Presentation: The mediator should make a formal presentation and explain the process by which the mediation will be conducted. Rules should be established and an agreement should be signed by the parties to guarantee their consent.
- Recollection of information: The mediation asks each of the parties to share their stance on the conflict. This is carried out in a private meeting that allows a better understanding of the situation. The mediator will make the necessary annotations that help reach an agreement.
- Resolution proposal: Considering the proposals of each of the parties, these are either combined or redefined to make them more realistic and suitable to resolve the conflict. These, more importantly, should be design to reach a consensus.
- Agreement: The mediator should help both parties define a clear agreement. For this, it should be determined what, when, and how will things be done and who will do them. The solution should be redacted in written form and signed by both parties. Each of them will receive a copy of the agreement.
In QuAdrans law and finance we offer the mediation service to help you resolve any conflict through dialogue and negotiation, in the best possible way. Our mediators will help you find the best solution without having to resort to court.
