MORE ABOUT TRANSFORMATIVE DISPUTE RESOLUTION
It's easy to feel lost in the world of formal dispute resolution. There are so many options, yet many times they all sound the same and it may be hard to know what the difference is. All too often this leads those enmeshed in interpersonal conflict without any resource at all, while more serious disputants with legal foundations feel they have no options but the legal system as a resource for solving these disputes. TDR Mediation is a service that offers alternatives and hope to all those who feel they have no where else to turn.
There are a few common types of formal dispute resolution.
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Arbitration is typically what we think of when desiring to solve disputes. Arbitration is modeled by our legal system. Arbitration is where the disputants sit down before a judge or someone with legally binding authority, they state their case, and then the arbitrator makes a ruling. Win or lose the disputants are generally required to hold to the decision. This type of dispute resolution is not offered at TDR Mediations.
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Transactional mediation is often tried before a case goes to litigation. You sit down with someone who has no legally binding authority and they work to get two people to agree and sign a contract. The emphasis is only on achieving enough agreement to get them to sign and then the legal system is invoked to make sure each party holds to their end of the contract. In this case the mediator doesn't have legal authority, and the binding agreement comes in the form of a voluntarily signed contract. The disputants are not required to come to an agreement. If they are unable to achieve an agreement, then the case is generally referred to litigation.
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Transformative mediation functions similarly to transactional mediation, but is more nuanced. Transformative mediation focuses on relationship building and healing. Transformative mediation seeks to resolve disputes by healing what is hurt and fixing what is broken, if that is achieved the conflict will resolve itself. Mediation agreements are sometimes used, but this is a much more informal style of contract. Transformative mediation not only is an asset to those seeking to avoid litigation, but also to those whose conflicts have nothing to do with the legal system. As a part of transformative mediation, good emotional processing, and interpersonal conflict management skills are taught. A transformative mediators goal is to not only aid in resolving disputes, but to give their clients the tools to allow that mediation to be sustainable.
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Conflict Consultation is not a direct intervention with both parties present. Conflict consultation is where a mediator is hired by an individual or a business to help them strategically navigate conflict. This is a much less intimidating approach since it does not involve direct intervention, and more sustainable for a business who seeks help in solving internal or public relationship issues.
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Here at TDR Mediation we understand what it means to be lost in conflict and short on hope. It is easy to feel that there are no answers for your specific situation and that the world of formal dispute resolution is too intimidating. Here at TDR Mediation we try to simplify it and make the process simple, understandable, and effective. We offer a free consultation to all those seeking more information about how we can help you.