Conflict Resolution in Personal and Business Relationships
Personal relationships sometimes run into conflict or end where conflict is a factor. Whether it is a marriage, a close relationship or a business association that breaks down, people need to find an early conflict resolution mechanism that doesn't make matters worse and involve the parties in the stressful process of litigation with its associated emotional, personal and legal costs.
“Conflict resolution services are available from a wide variety of sources and are a cost effective and less stressful solution than litigation.”
Business Association Breakdown Business associations are very personal and often operate on a basis of trust. Economic factors when a business suffers a downturn and outside forces such as impatient consumers and tardy suppliers can induce strain on the business and conflict between business partners. Relations with employees can also be strained through miscommunication or a failure to observe the practices of a workplace.
Early recognition of stress factors and their effects is a significant factor in avoiding deterioration and breakdown of business relationships. Directors who work together, managers who supervise employees, suppliers and consumers, are all vulnerable to conflict at one point or another and need to have practices in place to deal with conflict before it escalates. Regrettably, many relatively minor incidents end up in Court, escalating the conflict out of all proportion . Consider an aggrieved employee with a genuine but minor complaint. Left unacknowledged the employee may approach an Employee Tribunal to seek redress for something that could be resolved by a discussion and change of practice in the workplace. A falling out between partners will impact negatively on the business by distracting the partners from doing what they do best - managing it and making money. A problem that is capable of remedy left unattended may lead to company proceedings which will involve the business in unnecessary legal costs. If matters do go to Court the intrusive nature of litigation can destroy relationships beyond repair. It is difficult to move on after an intense and grueling Court process that may involve cross examination and scrutiny of private matters in a public forum. Litigation should be a last resort, not a knee jerk reaction, when business relationships break down.
Personal Relationship Breakdown Two in three first marriages end in divorce in the United States of America. Subsequent marriages have a higher incidence of breakdown. However, the figures don't reflect separation of de-facto relationships or same sexcouples. All of these breakups have the potential for conflict affecting not just the partners but children and close relatives.
Litigation between separating couples is common and characterised by bitterness and acrimony. Of the 5% of couples who litigate over relationship breakdown many remain in the court process for at least two years. The legal costs involved in any litigation are also high and come out of what might otherwise be available to divide between the parties. The effect of litigation upon the parties and their children is considerable. Family Courts have strict rules against making children aware of Court proceedings between parents and prohibitions upon bringing children to Court. Nevertheless, the strain upon the parents of litigation does filter through to the children who may react negatively to the conflict. Avoiding the extra strain on children when they are coping with their parents having separated must be a desirable course to take.
Disputes with Neighbours It is not only marriages and business associations that break down, neighbour disputes over overhanging trees, tree roots, escaping water, noise from pets and household activity are everyday occurrences. Much legal caselaw was made after hearings of inter-neighbour disputes. The potential for acrimony with the parties being in close proximity day by day and not being able to remove themselves is huge.
It's what we do when conflict first arises that can determine how far the dispute goes and the terms upon which it is settled. Early Conflict Resolution - Use a Mediator When conflict occurs it is important to defuse it quickly. An important first step is to recognise the problem and acknowledge it to the other party, or parties, involved. Failure to do so can leave a situation to fester. Avoid making the situation worse by keeping the lines of communication open. You lose nothing by listening to the other side's point of view. The next step is to work with the other party towards a solution. That may be facilitated by employing a mediator. A mediator's job is to facilitate the parties reaching a solution themselves, not to impose one upon them. A good mediator is a good listener and lateral thinker. Something that may not occur to you may be an obvious course to an impartial third party. Disputes with neighbours can be taken to local Community Justice Centres where trained staff provide a neutral, supportive environment in which to discuss the issues and ways to overcome problems. In a business context, a trained mediator will probably cost less than the business will lose because the partners are distracted. Associations of Arbitrators and Mediators are in most capital cities and have members who are experienced, well trained, commercial mediators. Personal relationship breakdown, particularly where children are involved is very difficult. However, early recognition and intervention can prevent a cold war on the home front. Counselling services through Community and Religious Organisations are a readily accessible option.
An Agreed Settlement is Preferable to One Imposed by the Courts It is always worthwhile trying to come to a solution yourselves rather than having one imposed by the Courts. No-one wins if a dispute goes to Court. By its very nature a Court can't satisfy everyone. Someone is going to lose and feel aggrieved. Even if you win, the process is so stressful you may feel like a loser. Try the alternatives first. Goodwill and a willingness to compromise has solved many a dispute that might otherwise have seemed intractable.







