Mediation and negotiation

- John F. Kennedy (35th US President)





In arbitration, the third party serves as a judge and is responsible for resolving the dispute. This man or woman listens thoroughly and non-judgementally to each side as they argue their cases and present relevant evidence before rendering a binding decision that is usually confidential and cannot be appealed. Then, they prepare and submit a report to the Court.

In mediation and arbitration, the conflict is resolved when the process in completed, i.e. the settlement is agreed and conflict is resolved. Contrary to what some people think, most mediations are confidential.

During mediation the underlying causes of the conflict is examined, and the solutions that best suit needs and interests of both parties are sought. This is done in a flexible manner without strict rules of procedure to make everyone participative in order to attain a win-win solution. As such, it helps end the conflict or problem; not the relationship. It can deal with multiple parties and a variety of issues at one time; for example, a family conflict involving inheritance of children and their relatives.

According to UK’s Citizen Advice (cf ''Using mediation to help you separate''), participants in mediation report higher satisfaction rates than people who go to court. As well, due to their active involvement, «they have a higher commitment to upholding the settlement than people who have a judge decide for them. Mediations end in agreement 70 to 80% of the time and have high rates of compliance”.

Of course, prevention is better than cure. Avoiding conflict is the best principle. However, since we can't agree with everyone on everything, we should adjust our behaviours to ensure that we are in a peaceful relationship with others and accept responsibility for our actions. If we are respectful of others, mind our manners and apply the golden rule (i.e. treat others how you want to be treated), there'll be no need for mediation, or expensive and long legal process. As the saying goes, "reconciliation is better than justice".

(This article also appears in my website Rolade Societal Blog -



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