Conflict Choices

What are your choices for resolving a conflict?

In order to answer this question, we turn to the Alternative Dispute Resolution (“ADR”) Continuum, which begins with Avoidance, then raising to Negotiation, followed by Mediation, and finally ending with Adjudication.

You always have the possible choice of avoiding a conflict from the outset, altogether disengaging from the dynamic. Although, some conflicts are inevitable or unavoidable, which can pull us into the dynamic regardless.

Your first active choice would be to negotiate towards a resolution based on bargaining. This can sometimes be the most effective and prompt means of handling conflict, if some goodwill still remains between the parties.

If you are unable to resolve the conflict by negotiation, then you can always seek to mediate. It is important to note that you cross into “3rd Party involvement” at this time, since you would be inserting a 3rd Party to facilitate negotiations and possibly provide an evaluation.

Lastly, you can always choose adjudication, with either Litigation (Public) or Arbitration (Private) forums to have the conflict decided for you. Bear in mind that your choice will be made for you during either of the two adjudication forums.

Ultimately, as a conflict progresses and time passes, the stakes increase with entrenchment of the conflict, such that Negotiation & Mediation are the “sweet-spots” for maintaining optimal control over your outcomes and resolutions.

Choose mindfully!