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What’s The Difference between Litigation and Mediation?

Rivalry

Conflicts and disputes can be resolved in many ways; these include litigation and mediation. But what's the difference? In laymen's terms, the easiest possible way to define the difference between litigation and mediation is the involvement of a court in conflict resolution. Litigation Litigation is resolving a dispute or a case by taking it to court (i.e., it's legally binding). The proceedings may be referred to as a lawsuit on legal grounds where the judge bears witness to the plaintiffs' claims against the defendant. Once initiated, litigation follows strict timelines and procedures, which can build a moment of direction paired with a...

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3 Strategic Tips That Parties Should Consider When Mediating Disputes

workplace dispute concept

Conflicts can arise anywhere and anytime. They can be the result of differing needs, interests, opinions, or simply miscommunication. Letting things escalate to the point of no return is the worst thing you can do. Not only does it create an unproductive environment for the two involved parties, but other people are affected too. If you’ve decided to take the high road and work out your differences, here are three strategic tips that all parties—be it the mediator or those in conflict—can use to solve a dispute: 1. Keep your emotions in check Staying calm and controlling your emotions is the first tip I...

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The Importance of the Role of Women in Mediation

mastering conflict

The role of women in mediation has been downplayed for years now. Social stigmas, biases, and unequal opportunities are the most significant obstacles that women have to face throughout their careers. According to Georgetown Institute for Women, Peace, and Security, only two percent of female mediators are involved in critical peace processes. This huge disparity is alarming, to say the least. Rarely heard and rarely acknowledged, in communities and cultures around the world women are often an afterthought in the peace process rather than active thought leaders and facilitators due to the changes that conflict can bring. Women in Mediation Research shows that...

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5 Ways to Resolve a Business Partnership Dispute

Business disputes are extremely common. They can occur even between the most amicable business partners working together in an otherwise healthy work environment. Whatever the source of conflict may be, you need to resolve it before things escalate. Here’s how you can restore order and save your business partnership. Active Listening You’d be surprised to know how effective active listening can be in resolving business conflicts. The mere act of actually listening to the other person and trying to understand their perspective can work wonders. It can also help prevent or clear any misunderstandings between the two parties. When you engage in active listening, you opt...

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Are Your Employees Unhappy? 3 Ways to Find Out

unhappy employee working from home

Did you know that more than half of all UK employees wish to get new jobs? In a 2020 report, it was found that 79% of British employees experience work-related stress, and are displeased, discontent, or unhappy at work. This includes employees working at companies with a positive corporate culture. Are your employees unhappy? Here’s how you can tell. Visual Signals & Body Language Visual indications of displeasure are obvious signs of employee unhappiness. From frowning faces to constant fidgeting and clock-watching, nothing says your employees are unhappy better than their body language. You may often find them staring into space, have disgruntled expressions as...

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3 Ways To Resolve Landlord–Tenant Disputes

tenant discussing an issue with his landlord

Landlord-tenant disputes are more common than you’d think. They’re one of the leading types of property related disagreements, and can result in some pretty nasty conflicts that may blow way out of proportion unless they’re tackled sensibly. Here are a few ways landlord-tenant disputes can be addressed. Communicate Honestly You know what they say; good communication is the foundation of every successful relationship. That applies to your relationship with your tenant/landlord as well. One major reason why conflict arises between landlords and tenants is because of poor communication between the two. The landlord may not have been clear when outlining certain building policies, may introduce...

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3 Reasons Why You Might Need A Mediator

thumbs up gesture, representing a successful mediation session

If you’re a business owner, partner, or employee, chances are, you’ve witnessed conflict at your organisation. Some of these conflicts are easier to resolve and can be worked out fairly quickly. Others require the presence of a neutral, third-party facilitator to help the disputing parties reach a consensus. So, why should you hire a mediator for your case? Let’s take a look at some of the reasons. To Maintain Privacy & Confidentiality   Mediation is a pMediation is a private affair. There’s no audience in a mediation session apart from the parties involved. This means that the only people who have full knowledge of...

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Resolving Workplace Conflicts Through Mediation

conference room depicting the setting for workplace mediation

Every organisation aims for workforce harmony, but achieving this isn’t as easy as it seems. Workplace conflicts exist in all forms and shapes, and may arise even when you least expect them. They may escalate and turn into formal employment tribunal claims, putting your organisation through additional stress. Mediation can reduce the likeliness of employees filing for these claims. This is why employers and organisations are encouraged to hire a mediator for resolving conflicts and restoring harmony at the workplace. When Should You Use Mediation? Many employers wait till until things get really bad among the two conflicting parties to actually seek mediation....

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What Is Mediation And How Does It Work?

clients shaking hands after a successful mediation process

Conflicts may arise in any relationship, be it in a business setting or a personal one. When conflicts appear to be irresolvable, mediation is often recommended as a way to diffuse the situation. It’s a procedure that’s used for actively resolving disagreements among two or more parties in the form of assisted negotiation. Let’s take a closer look at what mediation is and how it works. What Are the Basic Rules of Mediation? Mediation is done in the presence of an impartial mediator who’s briefed about the issue at hand before the process begins. It’s a voluntary procedure, meaning that neither party is...

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Beyond Emotional Intelligence – Workplace conflict, avoidance coping, and the mental health crisis

Adriana Vela, Certified EQ and Conflict Coach, Minute Mediation Contrary to popular belief, emotional intelligence has nothing to do with being nice. Likewise, engaging in conflict does not equal personal failure. A person can be nice and still be clueless about the emotional impact they have on others and conflict can occur anytime, anywhere, and sometimes can’t be prevented. So why is it that workplaces go to lengths to avoid conflict and why is there such a stigma about discussions of mental health? This has been an area of research interest for the last 15 years as well as the study...

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