Mediation is the process of resolving a conflict between parties with the assistance of a neutral; the mediator. The term "neutral" means the mediator is an unbiased, disinterested party to the disagreement. The mediator is professionally trained, and often registered, as an expert in conflict resolution.
The role of the mediator is to facilitate a productive dialog between the conflicting parties with the goal of reaching a mutually agreeable solution to the conflict. Business leaders are usually great negotiators but there are times when negotiations over issues come to an impasse. The next best step is mediation.
A solution reached through the meditation process is crafted and owned by the parties. The mediator helps the parties to be able to understand each others concerns, positions, and desired outcomes to reach an agreement. In some cases, the parties will ask the mediator for possible solutions.
Advantages associated with mediation are (1) it is more timely than scheduling and conducting litigation in court, (2) it is less expensive since it takes less time than litigation, and (3) the parties maintain control over the outcome to resolve the conflict. Mediation can be conducted on line in both a safe and secure environment.
Arbitration is the process of resolving a conflict between parties by presenting the case to an arbitrator who assesses the arguments and evidence in the case and then makes a judgement about the outcome; much like a trial. The arbitrator is a neutral party to the conflict and makes an objective decision based on the testimony and evidence presented. Arbitration decisions can be either binding or non-binding on the parties.
The arbitrator does not have to be an attorney for private cases but it is often beneficial to have a subject matter expert in the area of the dispute. For example, Solut can provide subject matter expertise in arbitrating healthcare related cases. For court related cases, Solut can provide a healthcare subject matter expert for an arbitration panel.
Many contracts contain an arbitration clause in which the parties to the contract agree to resolve any disputes through arbitration in lieu of litigation. Arbitration is generally less expensive than litigation and can be scheduled sooner than in court.
Arbitration of cases can be conducted on line is a safe and secure environment.
Conflict coaching is a one-on-one service whereby the client is coached on how to manage their conflict. People may find themselves faced with a conflict that will result in a significant impact on their professional life. Having a coach to help through the process of evaluating the root cause(s) of the conflict, understanding the other party's perspective, identifying desired and possible outcomes, and how to effectively communicate with the other party is beneficial. While a particular conflict may identify the need for conflict coaching, the skills learned through coaching can be applied to other conflict situations that may arise in the future.
Conflict coaching is personal, confidential, and can be conducted in a safe and secure online environment.