A mediator is a neutral third party who facilitates a conversation between two or more parties in a conflict. A mediator uses his or her skills to bring the parties to a settlement. However, the mediator does not decide what the settlement might be, which remains within the parties’ control. Unlike a judge, a mediator does not provide his or her opinion on the merits of the conflict.

In 1958, with the advent of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), the international business community experienced a momentous shift in the manner cross-border commercial disputes were resolved. Originally having 24 signatories, today this convention has been ratified by 159 parties, having been ratified by countries as large as the United States and territories as small as the British Virgin Islands.

Alternative dispute resolution consists of several methods of settling disputes in lieu of litigation. In everyday discourse however, the term 'ADR' is commonly used as a catch all phrase, implying a similarity of process and conclusion in all different forms. At Phoenix, we realize that the appropriate method of ADR may differ according to the nature of the dispute, and are committed to helping our clients make the correct choice. 

Arbitration

At its core, mediation is a reconciliation tool that attempts to co-opt rather than coerce parties into a resolution, much unlike traditional methods of dispute resolution. As such, it focuses on skilled individuals with an understanding of conflict management, working within a specified structure to enable parties into entering voluntary and mutually agreeable terms. Its success is therefore grounded in a number of factors. 

Time and Cost Effective:

Workplace mediation allows organizations to resolve disputes at the earliest stage possible, preventing costly formal proceedings, reduced productivity and an unhealthy working environment. Mediation further allows employers to demonstrate their commitment towards the contentment and well-being of the workforce. Organizations looking to develop in-house mediation capacities may seek to benefit from the vast experience on offer by the team at Phoenix Dispute Solutions, in order to ensure a smooth development process.

Structure and Guidelines 

Essentially, it is imperative for the modern commercial and non-commercial organisation to cultivate a culture where disputes are recognised and resolved, rather than simply brushed under the carpet.