image via The Daily Star
Mediation is useful in many and varied areas of dispute; but don’t just take me word for it. Here is what a few other practitioners are saying about mediation:
Mediation is not about winning or losing. Rather, it centres on commercial compromise. Ultimately, the aim is the re-establishment of constructive dialogue within the confines of a structured, private and confidential process.
A powerful argument for mediation can be found in the fact that participants are actively involved in agreeing ground rules and dictating the pace of the process. This informs a less formal process and often a speedier outcome, which mitigates interruptions to business operations.
The exercise can serve to not only avoid often lengthy and costly proceedings, but also empowers parties to achieve a broader range of outcomes than are available if imposed by a court of a tribunal.
Leonora Riesenburg, senior associate at Galadari, writing for Construction Week Online
The mediator’s role in the process is impartial. They are not able to take sides with one party against the other. Their overall purpose is to provide a framework that enables you to identify the key issues and come to a mutually acceptable solution.
Alternative ways of dispute resolution have been globally pulling litigants and lawyers alike towards a more consensual-settlement based approach for a while now. In most developed nations, litigations are increasingly being seen only as the last resort after alternatives have been exhausted. On the contrary, in Bangladesh, litigations although fraught with a lengthy, adversarial, complex and expensive process are seen as the proffered and preferred tool of seeking remedy at the best but wearing down the adversary with ulterior motives in most other cases. Alternative dispute resolution is advised, available and practiced only at a minuscule level.
Faiyaz Bin Hasan, Advocate, Bangladesh Supreme Court, and Faiyaz Bin Hasan Associate lawyer at Khan Saifur Rahman & Associates, writing for Bangladeshi newspaper The Daily Star‘s Law Opinion
Have you used mediation to address disputes in your work or neighborhood? Share your perspectives on mediation in the comments.