Conflict Management HRM624
ADVANTAGES AND DISADVANTAGES OF MEDIATION II
Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the
lawyer has a superior opportunity of being a good man. There will still be business enough.
Abraham Lincoln (1809 - 1865) U.S. president.
Win your lawsuit and lose your money.
Anonymous, Chinese Proverb.
Advantages and Disadvantages of Mediation
The following points can help decide the advantages and disadvantages of mediation.
· Quality of consent
· Position-based vs. principle based mediation
· Finality of ADR process
· Individual transformation
· Benefit for legal council
· Comparative advantages and disadvantages of mediation, arbitration, and litigation
Quality of Consent
Quality of consent refers to how willing the disputants are to accede to the process and outcome. And also,
is this consent freely given and disputant is well informed?
Seven quality-of-consent attributes in dispute resolution:
· Explicit identification of principals' goals and interests
· Explicit identification of plausible options for satisfying these interests
· Disputants' generation of options for achieving their interests
· Disputants' careful consideration of these options
· Neutral's restraint in pressuring principals to accept particular outcome
· Limitation on the neutral's use of time pressure
· Neutral's confirmation of principals' consent to selected options
Quality of Consent Effect
Disputants tend to "psychologically own" the outcome and the outcome tends to be more durable. If there
is a failure of the settlement, the disputants may act more constructively.
Mediation is widely regarded as the most effective dispute resolution process for preserving ongoing
disputant relationships. This advantage of mediation is particularly important in situations in which
disputants will be required to deal with each other after the conflict is resolved. Examples of such situations
include parents who are divorcing, disputes between neighbors, disputes between corporate shareholder
groups, landlords with rental disputes with tenants, parent teacher conflicts etc.
Conflict Management and Prevention
Mediators diagnose the conflict and act accordingly. Mediators (particularly facilitative) promote interests
1. Impasses can be avoided disputants are better focused on the joint task and not on scoring points
against each other
2. Outcomes are optimized to the situation and often quite creative
Conflict Management HRM624
3. Better resolution of entire dispute possible
4. Mediation flexible in scope, deals with entire situation
5. Mediator diagnosis of conflict
6. Mediator exploration of disputant interests
Result: more effective and complete outcomes
Effects of mediation when no settlement is attained:
When no settlement is attained in a dispute, then following are the effects of mediation
1. Clarify and narrow the issues
2. Promote cooperative interactions
3. Increase both disputants' expert power and knowledge of BATNA
4. Directly discuss strategies for resolving unresolved issues
Effects on the parties to mediation:
It teaches dispute resolution, negotiation, and conflict diagnosis skills. It may have some long-term positive
effects on relationships (but evidence does not bear this out).
Effect on social system:
Widespread use of mediation could improve the cultural approaches taken to conflict (impossible to
determine whether this is happening).
Less formal process
Least formal process
Formal rules of evidence
Rules of evidence
Rules of evidence do not
Hearings are private
Private and confidential
Arbiter makes decision
Parties make decision
Verdicts final, subject to
Decisions can be binding Parties decide whether
with limited appeal
to settle; agreements
Expensive and time-
Often quicker and
Quicker, cheaper and
less stressful than
Quality of consent is an important factor behind the success of mediation as a strategy to resolve conflict.
Presently informal mediation is prevalent in Pakistan but formal mediation will become significant. NAB
has used mediation or ADR strategies to resolve conflict between or among disputants.
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