Acquisio Julie Ann C.
March 13, 2023
Laurian Jeezer S.
MEDIATION
Informal mediation is possible
when a friend, relative, or trusted
advisor serves as the mediator.
Selecting a person that both sides
can agree on and who can bring
some kind of experience to the
table is crucial in the case of
informal mediation.
It is possible to negotiate with
assistance. Parties enlist a third-
party mediator to assist them in
resolving their conflict during
mediation. While conversations
during mediation are kept private,
the written agreement that
results from mediation is usually
legally binding. Mediation is
especially beneficial when parties
believe they cannot resolve a
dispute on their own. The
procedure might also be formal,
in which case the parties retain
the services of an impartial
specialist. Official mediators assist
parties in resolving conflicts in a
way that pleases both parties and
are skilled in negotiating. In
either scenario, the mediator's
job is to assist the parties in
reaching a compromise rather
than deciding who is right or
wrong.
CONCILIATION
Like mediation, conciliation is a
private, independent, and
adaptable process. It is also
facilitated by a neutral third party
and concentrated on arriving at a
suitable resolution of the conflict
for both parties.
The proposed solution is not
binding, however any written
agreements reached during
conciliation may be rendered
legally binding, just like in
mediation.
The primary distinction between
conciliation and mediation
proceedings is that the parties
will occasionally request a non-
binding settlement suggestion
from the conciliator during the
conciliation. A mediator, on the
other hand, will typically and on
principle avoid offering such a
suggestion.
ARBITRATION
Negotiation, mediation, and
conciliation are less formal than
arbitration, which can resemble
litigation more. An arbitrator
hears the dispute from the parties
and issues a ruling after the
proceedings. Before or after a
dispute arises, parties may agree
to arbitrate.
The main advantage over formal
litigation is that the parties in an
arbitration have the discretion to
determine the arbitration rules,
which can be far more flexible
than formal civil procedure
required in court. This advantage
over formal litigation also includes
cost and efficiency.
However, unlike judges,
arbitrators have a significant deal
of latitude to negotiate with the
parties before them. Parties can
save money and time by using
this approach instead of going to
court.
Section-3
NEGOTIATION
Typically, negotiation is used as a
last resort before turning to other
ADR techniques. It allows for
greater flexibility for the parties
and is more casual. In essence,
negotiation is just the parties
identifying a problem and
meeting to resolve it—they are in
control of the procedure and the
answer.
This may seem self-evident given
that business owners negotiate
relationships and conflicts all day,
every day. Yet, it might
occasionally be beneficial to
recognize an informal discussion
as the initial stage in a potential
ADR process when a situation
becomes severe enough.
Transparency is one of the key
components of a good
negotiation. Family or
interpersonal conflicts may make
the discussions difficult. Clarity
regarding anticipated difficulties
and issues that can arise
throughout the negotiations is
crucial. Even though dealing with
the serious family conflicts may
feel overwhelming, doing so will
save you from getting stuck in
the process.