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The year 2022 is indeed another opportunity to take stock of your life and relationships and determine that any existing conflict that is preventing your harmonious and peaceful existence is dealt with so that you can have a fresh start devoid of the emotional imbalance that conflicts bring to life.
Conflict is a necessary part of our lives. As we engage in relationships with several people we meet, there are usually differences in opinions or interpretation of the same events and the temptation to hold on your position and possibly force it upon the other party is always the best option to most individuals or groups.
However, there is a more excellent way of tackling the issue of conflict in the various situations we find ourselves. The most basic is negotiation, this is where we communicate with the other party and listen to their version of the story and also express our own perspectives. This will usually lead to a better understanding and could help parties shift position to resolve their differences.
Where the matter cannot be resolved by parties, a mediator, who is a neutral third party should be invited to facilitate and assist the parties in their failed negotiations. The Mediator being independent of and impartial to the outcome of the proceedings is able to empower the parties through active listening, empathy, socratic questions and problem solving skills to evaluate what are obstacles to finding a common ground and resolve the dispute.
The terms of settlement reached in such situations are totally self-determined by the parties and usually needs no further enforcement.
However, where both options cannot resolve the dispute, the issues for determination can be submitted for adjudication by an Arbitrator in a private and confidential process or to a Judge in a civil litigation before the public courts. The decision or award of the Arbitrator and the Judgement by the Court is final and binding on the parties.
The various civil matters in marriage, commercial and workplace disputes are best suited for alternative dispute resolution outside of the technicalities and public hearings of the courts due to the speedy, cost-effective and expert determination of the disputes by ADR.
Therefore, parties should seek adequate information about the various options available to them before choosing a strategy to resolve disputes this year. Mediation and ADR can save parties time, money, stress, and protect privacy over litigation, and can be used for almost any type of dispute barring criminal cases.
Make the New year profitable and peaceful by seeking out non- violent or protracted conflict resolution techniques. You must be alternative dispute resolution compliant in all your relationships. Happy New year.
Dr. Adeyemi Agbelusi
