Consensual Methods
Negotiation
This is what we all do very frequently in our daily lives - proposing and counter-proposing or 'bargaining' to try and reach a compromise settlement. Each side doesn't get exactly what they fully wanted, having to 'give and take' to reach an agreement, but at least the two parties normally maintain their relationship.
It is one of the best, most efficient, and quickest methods of resolving a dispute and should generally be the first method considered by parties who have a dispute.
Mediation
This is a private and structured form of negotiation assisted by a third-party that is non-binding.
It is a voluntary, flexible process consisting of a framework of joint and private meetings where the mediator helps the parties clarify the key issues and differences between them and construct their own settlement.
Mediation can be particularly suitable when parties are:
- in a very emotional state, preventing settlement
- communicating badly or ineffectively with each other
- negotiating ineffectively or not at all
- have reached an impasse in their negotiation
- appear to distrust or are suspicious of each other
- disagreeing over the order of multiple issues
- disagreeing seriously over particular data or facts
The main advantages of mediation are:
- The parties keep control of the dispute themselves
- There is no outright winner or loser.
- It is extremely flexible
- The settlement is not legally driven and can include whatever the parties choose
Many courts now frequently steer parties to a dispute towards negotiation to sort out their differences before they embark on litigation.
Most mediations last just one or two days and the vast majority reach settlement within that time.
Conciliation
This dispute resolution method is similar to mediation, but the conciliator can propose a solution to the parties to consider before agreement is reached.
Last Updated: 28 March 2009