Mediation is one form of Alternative Dispute Resolution (ADR) that is a widely used set of processes that focus on resolving even the most complex disputes – without the high cost and absorption of management time associated with traditional litigation.
Croesus engages consultants who are certified commercial Mediators, who provide private mediation and consulting services, as well as training & education in mediation and negotiation, to help organisations avoid disputes through planning and resolve disputes through mediation.
Mediation can loosen the “deadlocks” that often prevent resolution and can promote understanding, cooperation and joint problem-solving between disputing parties.
Mediation may be undertaken voluntarily; pursuant to a court order; or, subject to an existing formal contractual relationship.
Advantages of Mediation
Mediation increases the possibility that disputants’ views can be aired, reflected upon and discussed thoughtfully, without cynicism or belligerence. A fair argument requires mutual respect and openness; Mediation is based on a consensual process of mutual understanding and negotiation.
Unlike other forms of dispute resolution – such as litigation or engaging in expert arbitration of a dispute – Mediation is informal, confidential, and empowers disputants to negotiate their own agreed outcome. Mediation also promotes greater understanding between the disputants, which gives it a much greater probability of permanently ‘healing’ relationships.
Mediation has a high (80%) success rate; however, some cases are not amenable to Mediation. Each dispute must be assessed on its merits as to the likely success and appropriateness of Mediation as a basis for dispute settlement.
Please refer to your actual or impending disputes to Croesus for an initial and confidential assessment as to the applicability of Mediation as the appropriate ADR solution to your human resource management problems.