Intro
When conflict develops between parties there are a number of ways in which it may be resolved. Different forms of resolution have different benefits and drawbacks and it’s important for those in conflict to make an astute decision around the resolution method they wish to pursue.
In the blog below we’ll outline and describe a number of resolution methods as well as services used more commonly for family based disputes.
What are Conflict Resolution Services?
Simply put, these services are designed to support the effective resolution of conflict between parties. These parties may be people, organisations, or groups.
The aim of any conflict resolution service is to help ensure that any conflict present is resolved. The two main forms this takes is a mediated effort where parties work together to achieve resolution, or an arbitrated form where parties in dispute devolve decision making to an independent third party.
Both have their place depending on the parties involved and the nature of the conflict.
Types of Conflict Resolution Services
There are a number of types of conflict resolution services with all having positive attributes based on the clientele and purpose of the resolution model utilised.
Mediation
This collaborative approach to conflict resolution sees those in dispute work together to develop their own solutions. The process is managed by a mediator. This form of conflict resolution is suitable for individuals and businesses in conflict who may need to maintain some form of relationship. It is also useful for employment matters and community based disputes.
Family Dispute Resolution (FDR)
When a couple seeks to divorce FDR is the most constructive method of conflict resolution available. Like mediation it seeks to maintain positive communication between parties, collaborative problem solving, and planning for the future that acknowledges the concerns of all parties. Importantly, FDR is built on the premise of acting in the best interests of the children. A fundamental concept enshrined in law and underpinning all aspects of family law in Australia.
Arbitration
This form of conflict resolution removes the parties in conflict from the decision making process. Both parties outline their conflict, provide evidence and perspectives to the arbitrator and from here, much like a court environment, the arbitrator makes a binding decision around the dispute.
This methodology is particularly useful for businesses as well as for those who are simply unwilling to mediate and wish to have matters decided for them.
Where Conflict Resolution Services Are Used?
Family and Relationship Disputes
The most common form of conflict resolution in family and relationship disputes is Family Dispute Resolution. Also known as family mediation.
These are disputes that often have plenty of emotional energy attached as well as parties who may have known each other for decades.
By using Family Dispute Resolution the parties are able to come together, collaborate, and develop a workable plan for resolving issues and moving forward effectively. FDR is underpinned by acting in the best interest of any children impacted.
Workplace Conflict
Increasingly, in recent years, businesses have seen the light and realised that workplace based conflict is best resolved in-house and using the services of a mediator. This saves potentially enormous litigation costs as well as providing a non-confrontational forum for addressing concerns. This is especially important given that the parties may have to be able to work together successfully for years to come.
Community and Neighbour Disputes
While not as common as other areas of conflict it’s important to remember that communities, groups, and neighbours can have profoundly different views that may lead them into conflict.
Court based litigation may be financially unviable and arbitration may not necessarily appreciate the nuance and complexity of long term community based issues.
Mediation is particularly useful in these types of conflict as it focuses on communication, maintaining relationships, and developing collaboratively based decisions. All positive attributes for communities and neighbours to be mindful of.
Business Disputes
Often business disputes are resolved through arbitration. Many businesses use this method as it can happen quickly with a resolution being announced significantly faster than if the companies in dispute went to court.
Businesses with ongoing, longer term relationships may well seek mediation in an effort to resolve disputes together and seek to maintain a positive working relationship.
When Should You Use a Conflict Resolution Service?
There comes a point in any conflict when one or both of the parties realise that support is needed. That all options have been explored, attempts rebuffed, emotions heightened, logic disappearing, and conflict exhaustion well set in.
At this point a conflict resolution service is the circuit breaker. Engagement sees renewed positivity and a reframing of the issues in dispute.
Another important time for engagement with a conflict resolution service is when you see the potential for issues arising or recognise your own limitations in achieving resolution. This pre-emptive effort will pay dividends in the long run. Emotions will be more settled, issues will be clearer, planning will be more collaborative, and a new normal established more fluidly.
It is pre-emptive engagement with a family dispute resolution practitioner that best supports an effective, ongoing parenting relationship. Sooner rather than later, for the sake of the children and your own piece of mind!
Conflict Resolution Services vs Going to Court
There are two fundamental reasons to utilise a conflict resolution service over going to court.
Firstly, cost. For a full court hearing with lawyers, a barrister, expert witnesses etc you’re looking at costs comfortably into the tens of thousands of dollars. At Resolutions Australia we’re aware of a number of divorcing couples who have used the Family Court process to their detriment. They have literally run out of the money they were arguing over. It all went on court action, expert report writing, lawyer fees, using a barrister… Life savings gone, nothing left for raising the kids, and an irrevocably damaged parenting relationship. Simply tragic.
Compare this then to mediation or family dispute resolution. Several thousand dollars at most (Resolutions Australia charge just $800 per party for the entire process) and the ability to move on quickly and peacefully.
Secondly, court is a disempowering confrontation. It is adversarial. You are battling the other party, trying to ‘win’. Coupled with this is the fact a judge will then make decisions for you.
Your power and value as parents are removed and offered to a stranger who then makes life-impacting decisions about your children based on the limited evidence they have been presented with. Easy to argue that this surely can’t be in the best interests of any children impacted!
Yes, arbitration is adversarial however for family matters it is rarely chosen.
Mediation for parenting and financial matters between parents provides a platform for collaboration, empowered, shared decision making, the establishment of a new normal, and the strengthening of the parenting relationship. And the outcomes are significantly more likely to promote a positive relationship between the parents in conflict.
How the Conflict Resolution Process Works, Step by Step
Most conflict resolution services that are mediation based use a similar format. There is an initial intake session with each party individually where the mediator hears the background of the parties involved, issues in dispute, and any other information of note that may have an impact. Intake sessions are also an opportunity for the client to ask questions, the mediator to provide information, and framing of the mediation process to happen.
Following intake comes the mediation session proper. At mediation clients are usually invited to make a statement and outline the concerns that have brought them here today. From here the parties (with mediator support) identify and prioritise the issues to be discussed. Once the issues are out there in the open and agreed upon the parties collaborate to develop pathways to resolution. Ideas are shared and debated, the mediator will ask clients to reality test, barriers to implementation will be noted and tackled. Eventually it is expected that the parties will have developed a way forward that sees the presenting issues resolved.
As part of the process the mediator will support the parties to identify communication and problem solving strategies to utilise should future issues arise or concerns appear during the implementation of the pathway ahead that’s currently being developed.
The mediator will draft an agreement between the parties and post-mediation implementation can begin.
If unexpected issues arise the parties have identified strategies to use. If these are unsuccessful then mediation can again take place.
How to Choose an Accredited Service in Australia
When choosing an accredited conflict resolution service it is important to do your homework. Consider the nature of the dispute, ask yourself whether it would be best to collaborate, with mediator support, to develop your own solutions or if you feel an independent party should be the decision maker. Consider costs, time frames, your own emotional load, and your ability to engage effectively with the process.
Navigate websites, ask questions, contact service providers, and educate and empower yourself to make a positive decision.
Resolve Your Dispute With Resolutions Australia (CTA)
Resolutions Australia have a number of significant points of difference to other conflict resolution services. These differences have been developed over time, from evidence and experience, and with client wellbeing at the forefront of the work we do.
Resolutions Australia provides family dispute resolution exclusively online. We are leaders in this and promote it strongly as an emotionally safe, highly productive, and cost effective mediation modality.
By mediating online our clients can work with us from the place they feel most secure and confident. Because we’re online we have very low overheads and as such can provide FDR at one of the lowest prices available amongst private practices in Australia.
We’re also immensely proud of the fact that clients only ever have to deal with one staff member. No receptionists, no intake staff, no last minute changes to who your mediator will be . One fully qualified and accredited family dispute resolution practitioner from start to finish.
Couple this with the fact we’re hugely flexible with timings (which also makes the whole process a short one) means we can have your issues addressed and resolved within a week or two rather than months or even years that other conflict resolution services estimate.
FAQs
What is a conflict resolution service?
Conflict resolution services are those that support clients to get issues they’re facing resolved. These services take lots of different shapes and forms. Some services deal with just business disputes while others deal with family based disputes. Some do both. The form these services take can vary. Family based issues can be resolved via a number of different charity based, government funded organisations or by family dispute resolution practitioners in private business. Another alternative is seeking legal support and having a family lawyer negotiate on your behalf with a lawyer representing the other party to the dispute.
It is important to recognise that while mediation in all its forms is inarguably the most common conflict resolution service there are also other methodologies. Arbitration is common and usually used in civil or business matters. Arbitration is when parties present their concerns and evidence to an independent third party who then makes a binding decision based on this. Seeking a court based, judicial decision is also very common. In effect you are having your dispute decided by a judge.
What is the difference between mediation and conflict resolution?
As can be seen from above all mediation is conflict resolution however not all conflict resolution is mediation.
In essence the major difference between mediation and other forms of conflict resolution is that with mediation it is the parties who are supported to find their way forward. They are seeking resolution through their own efforts, managed by a mediator.
Other forms of conflict resolution involve a third, independent party making decisions for the parties in dispute.
Do I have to try dispute resolution before going to court in Australia?
Strictly speaking ‘no.’ Individuals can refuse to engage in mediation however the Family Court will likely not look favourably on this in terms of awarding costs.
The Family Court of Australia expects divorcing couples to attempt mediation. There are a number of reasons for mediation to be inappropriate including family and domestic violence, one party being uncontactable, health issues, cognitive capacity, to name a few.
How much do conflict resolution services cost?
The cost of conflict resolution services varies widely depending on who the provider is and the experience of the practitioner.
Charity based NGO organisations usually charge a simple peppercorn, nominal type rate. This may be anywhere from $20-$60 per hour.
Private mediators and arbitrators charge from $1500- $7000. Lawyer led mediation is the most expensive and can reach comfortably into the tens of thousands of dollars.
At Resolutions Australia we charge one of the lowest private business rates in Australia with the complete enquiry, intake, preparation, mediation package costing just $800 per party!
