Conflicts of all kinds are a part of life, whether it be personally or in business. There are a variety of ways to reach a solution and resolve your dispute.
One if the simplest ways to resolve a dispute can be done right from the comfort of your own home, or in the go using an app — it’s called Condico.
When it comes to resolving disputes, here are a few common options.
People who disagree can often get together to discuss the problem and reach a mutual agreement. When people sort out a problem themselves, they can work out a solution that best meets their own needs and interests.
Solving disputes through negotiation is a part of everyday life. For instance, in a situation where your teenager asks you for the car keys, after some discussion you reach an agreement on conditions for using the car and when to return home. This is an example of negotiation.
Effective negotiation skills and methods can be learned. You can read books or take courses to improve your negotiating technique. In some cases, you may also prefer to hire a lawyer, advocate, or counsellor who has the expertise to help you to negotiate or who can negotiate on your behalf.
People involved in a dispute can ask a mediator, an unbiased and impartial person, to assist them in their negotiations. Where negotiation has not been successful, the mediator can often help to ease tension and encourage discussion between the parties. The mediator can help the parties themselves find a solution that can often result in a “win-win” situation, where everyone is satisfied with the result. Participation in mediation may or may not be voluntary. For example, some courts require that certain cases be referred to mediation before a trial can be scheduled. Either way, the mediator cannot force you to settle the dispute or to accept a particular solution.
A common reason for choosing mediation is that the mediator helps the parties reach an outcome that satisfies them rather than one aimed at proving right and wrong. Through mediation, parties are able to work together to reach a solution which can be more creative than that which a court would impose. Courts are somewhat limited in the remedies that they can provide to resolve disputes.
The cost of mediation is usually shared between the parties. It is not necessary for lawyers to be present during the mediation process.
Situations that lend themselves well to mediation are certain family disputes, business disagreements, contract disputes, insurance claims, as well as employment and environmental issues, to name a few.
If gender or cultural differences are making it difficult to resolve issues or conflicts or if there is such a clear inequality in bargaining power so as to make you question whether you could resolve your issues through mediation, talk to someone about your concerns. Choose the process that is best for you. The section in this pamphlet entitled “Where to Get More Information” can help to put you in touch with people who can help you make this choice.
When people in a dispute cannot resolve the dispute themselves, either through face-to-face negotiation or with the assistance of a mediator, they can agree to refer the matter to arbitration. In arbitration, a neutral person or panel of people hears the facts and issues and makes a decision. Arbitrators are often people who are experts in a specific area of the law or a particular industry, especially in cases where the decision-maker needs to be knowledgeable about a particular subject matter or business practice.
The arbitrator or panel is usually chosen by the parties together. If they can’t agree they can have the court, an acceptable person or organization choose the arbitrator for them. In some instances parties may prefer to have their matter heard before a panel.
Arbitration tends to be less formal and quicker than going to court. The parties can agree in advance on the ground rules for the arbitration (as opposed to court procedures which are fixed). One or both parties may have a representative speak for them at the arbitration hearing or they may speak for themselves.
The arbitrator then makes a decision based on the facts, any contract between the people, and the applicable laws. The arbitrator will explain how the decision was reached. If the applicable law allows, you can decide yourself in advance whether the arbitrator’s decision will be final and binding or whether it should be subject to review by a court if a party disagrees with the decision.
The arbitrator may also make a decision on costs. Depending on how complex the case is and how long it takes to resolve, arbitration may costs less than going to trial.
Simple, stress-free resolutions with Condico.
Get started today through the app or website at MyCondico.com.
The terms mentioned above are defined by Canada’s Department of Justice here.