When is MEDIATION necessary?

It always makes me wonder why people leave things to the last minute before considering talking about them and resolving disputes amicably. This applies to the simplest situations, such as reacting badly to something someone said or did. And more grievous when that reaction is a divorce, a violent action or worse.

When it comes to war, many have been stopped in their tracks because someone or a few someones decided to sit and talk about it rather than draw their weapons.

In everyday life, from personal disputes to the affairs of the business, when there is a discrepancy, it is best to consider mediation. However, taking a different, more drastic course can prove costly, timely and most often stressful and upsetting.

A mediator, such as myself, can take into account all the information from both sides, whether simply a he said/she said matter or a legal arrangement, and make sense of it all. But unfortunately, as humans, we rarely want to admit it when we are wrong, even if not admitting it is to the detriment of someone else or a few someones. I have seen this so many times, and generally, after all, it is said and done, that person regrets not simply throwing up their hands and resolving disputes the mediation way.

One has to ask whether it is worth it to hold grudges, stick to your guns or find a way to settle something amicably. You may know for a fact that you’re right about something. However, you may destroy a friendship, a partnership, or a long-term relationship to be right. I am in no way saying that you must simply admit to being wrong for the sole sake of saving a relationship; I am saying consider mediation as a way to make things nice. The other party may very well feel the same way you do, that they are correct; however, through mediation, facts are laid on the table, and the results will speak for themselves.

You may not even be aware of when mediation can be used.

EXAMPLES OF RESOLVING DISPUTES:

NEIGHBOURS, FRIENDS, COLLEAGUES AND EVEN COUNTRIES

This may be between two people or more who find that they just cannot agree on a particular issue. They don’t see eye to eye, and they cannot resolve the issue without an impartial person intervening.

These differences can even be between nations or countries that require the art of resolving disputes.  It becomes tricky when dealing on this level; however, it has been done.

MARRIED COUPLES

A divorce is a common time to bring in a mediator; even with a legal contract in place, often, it’s the small things that need ironing out. For example, who originally owned that piece of art? Whose money was invested in that house or that investment policy? And, of course, tougher choices like who keeps custody of the child/children? What are the visiting rights? How much money must be paid in alimony?

LANDLORDS AND TENANTS

I have seen many cases where there is a discrepancy that the rental agreement cannot sort out. For example, it may be about pets; maybe the agreement is vague about what constitutes a pet. On the other hand, it can be about decorating the abode or even the deposit.  No matter the issue resolving disputes is possible with a mediator.

BUSINESS PARTNERS

When we go into business with someone or a few people, we are generally excited, much like a marriage. We don’t think that anything could possibly go wrong, but the stats show that most partnerships in business don’t last longer than 7 years. And the reasons for breaking up are varied. Some amicable, where the partners simply don’t wish to continue with the business, maybe there is no profit anymore. Or, more commonly, they don’t agree on how to run the business, or the one thinks the other doesn’t do enough. The list goes on. Having an agreement in place is advisable; however, there can be situations that call for mediation even then.

LABOUR UNIONS AND MANAGEMENT

Even though strict rules and laws exist here, a grey area will often creep in and cause a problem. A mediator can set it right simply and effectively.

Should your need be resolving disputes, reach out to Le Roux Attorneys and book a consultation.