Last updated on June 26th, 2023 at 05:32 am
Human beings are complex lifeforms and conflicts arise at every level of human involvement. This article will explore various methods of conflict resolution. It might be a single employee who has a grudge against their employer or two companies that don’t see eye to eye over a contractual issue; whatever the problem, here are a few alternative approaches to conflict resolution.
Mediation
The bringing together of all parties and having constructive dialogue is called mediation. If you have a serious issue with a business, take advice from reputable legal experts like the Vize Counselor Bangkok lawyers for those in Thailand, and you can make an informed decision. Facilitating mediation is where the mediator assists all parties constructively and facilitates dialogue. A skilled mediator can resolve major issues, which can save their clients millions.
Arbitration
This is commonly used to settle commercial disputes; both parties must agree to an impartial third party to hear the case and make a judgement. This avoids taking up the court’s valuable time and the process is similar to a court hearing; each party presents their case and there may be witnesses called to substantiate claims. These can be long and drawn out and it might take a few weeks until the arbitrator delivers a verdict. Prior to the hearing of the case, it is customary for both parties to sign an agreement committing to abide by the arbitration ruling. It is often the case that retired High Court judges assume the role of arbitrators.
Negotiation
Some people confuse negotiation with mediation, yet there are subtle differences. A negotiator has specific goals and is empowered to compromise to a degree, while a mediator would appear neutral. When two parties disagree and neither is prepared to compromise, this is a time to hire a top negotiator, who is skilled in various techniques and can often help both parties to come to an agreement. If negotiation is not fruitful, arbitration would be the next step and if that is not on the table; a lawsuit would be the best way forward, when a judge would make a ruling. This is one form of Alternative Dispute Resolution that is often used, and you would require the help of established Thailand ADR solicitors, or search online for one in your country.
Adjudication
Typically used in the construction industry, adjudication is when one party serves a notice to the other party. This comprehensive document shall encompass vital particulars, including the identities and contact information of all parties involved, while elucidating the intricate nature of the dispute, unraveling the events, and shedding light upon the specific location, timeframe, and desired recourse sought by the parties. A neutral adjudicator is proposed and if the other party agrees, a date and time are set for the hearing.
Early Neutral Evaluation
Known as ENE, an impartial person of standing is proposed to listen to both parties and evaluate the merits of each. This is usually confidential, without prejudice and, most importantly, is non-binding. If you are involved in a business conflict, this might be the best way forward; contact a leading law firm and ask about ENE. This could be regarded as a final step before litigation and corporations are more likely to use ENE as a way to resolve an ongoing conflict.
Every conflict is unique and there are many ways to resolve issues in the business arena. Fortunately, most conflicts are resolved early, but if this doesn’t produce the right result, mediation is always an option. Seeking legal counsel is paramount before taking any action, and in Bangkok, there are proficient English-speaking lawyers with the expertise and experience to navigate towards a favorable resolution.
