WHAT IS CONFLICT RESOLUTION?
Conflict Resolution is a general term for the processes and methodologies involved in finding a mutually agreeable end to a dispute. Conflict Resolution is also known as alternate dispute resolution (ADR).
The courts actively encourage attorneys and clients to seek ADR before moving to courtroom litigation. In North Carolina, it is mandatory to mediate many types of cases prior to litigation. This process is intended to save the parties both time and money. ADR includes such methods as mediation, binding arbitration, negotiation and conciliation.
Arbitration and conciliation are generally used when large groups of people, such as a workers’ unions, have a dispute with an entity or other group such as a corporation. The aim (to resolve a dispute) is the same; however, the processes differ from mediation.
During arbitration, the parties present their cases to either a single arbiter or panel of arbiters. While it is less expensive and formal than a trial, the outcome is binding, just the same as it would be in court. Arbiters are sometimes bound by rules that restrict them from employing creative solutions that other forms of ADR allow.
Conciliation, by contrast, aims to build positive relationships between both sides of a conflict. The conciliator actively works toward consensus. It is often used to deescalate volatile disagreements and prevent future conflict.
I have used ADR techniques in my work with community reconciliation, bringing representatives from the local police together with African American community leaders to build and strengthen relationships between the two groups.
I have known Kate since she was my opponent and always respected what she did for her clients. Since she began her mediation practice I have always been impressed with the calm nature she brings to a very stressful situation for those experiencing it for the first time. There is no feigned empathy with Kate, my clients feel immediately at ease with her and she is able to communicate complex legal issues that perfectly compliment my legal advice to my clients. Kate and I have had some tough cases that I did not believe would ever settle and at the end of the day it did, thanks to Kate’s determination.
Ben Whitley
MEDIATION
Mediation is a process in which two or more parties of a dispute come together with a trained, impartial third-party who will help them work together to attain a settlement.
Choosing mediation allows the parties an opportunity to resolve their dispute in an informal environment without costly, binding court intervention.
HOW I CAN HELP
Building bridges and resolving disputes with compassion is the core of my practice. I am happy to help you work toward a positive solution. My practice areas include: