We’re entering a new era where meeting interests, needs, and wants is first prize, and therefore the obvious place to start.
Mervyn Malamed | PUBLIC SPEAKING Demo
The Mediator receives information privately when a party prefers that concerns, weaknesses, strengths, and underlying interests are disclosed.
Mediation, particularly when dealing with Sectional Title Conflict depends on frankness with the mediator.
As an alternative to litigation, arbitration or adjudication, mediation is a voluntary process conducted informally without prejudice.
It is a no-risk, non-binding, confidential, without prejudice, informal, and cheap alternative, with a 75% plus success rate.
Cost-effectiveness is critical if Mediation is to deliver. For this (and other) reasons, Mediation is increasingly being done online.
Sectional Title disputes need not lead to costly litigation or similar processes: there are cheaper ways of achieving better results.
When you help one person to resolve a conflict, the experience extends to others like family, friends, and colleagues.
Mediation is a valuable resource when you have a dispute in a Sectional Title Scheme, with a Body Corp, Managing Agent, Trustee, or even tenants.
It is an alternative to going through the court system when you have a dispute in a SECTIONAL TITLE SCHEME, with a Body Corp, Managing Agent.
ADR has developed as a response to an often disappointing system involving litigation, lawyers, courts etc.
In the Sectional Title environment, you should not be negotiating directly with attorneys, trustees, the Body Corp representatives, or even tenants.
In a Sectional Title environment, this translates into wasted time, overlooked opportunities, degraded decision quality, sabotage, vandalism, restructuring, health costs and more.
Conflict is normal, and resolving conflict saves money. That is self-evident. It is the first of two main opportunities positive change that conflict brings.
People in disputes take positions, generally based on the power they wield or rights they feel entitled to.
Conflict, disputes, and disagreements are the inevitable result of the interaction between personalities and circumstances.
Personality is hard-wired, behaviour is modifiable, and it’s the behaviour that affects you and those around you.
There are obvious implications when disputes happen in ways that require money or other resources.
Positive, proactive stimulation of conflict means you get to pull things out from under the rug, switching on the creative juices towards a solution.
Disputes, whether hidden or obvious, are signs of conflict. Conflicts can remain dormant until they erupt as disputes.
The ranked actions of power, then rights, and then lastly interests, are illustrated by the all too common Conflict Escalation Spiral.
When you examine the behavioural style of an organisation like a Body Corp, you reveal its conflict culture.
At times it is sensible to wait for tensions to fade as they become less relevant. Yet waiting for conflict to de-escalate can be costly – wasting time, money, energy and lost opportunities.
If you can control your behaviour to respond in ways that generate calm and lead to better communication, your conflict competence levels will improve.
“Negotiation is 80% preparation and 20% dialogue.” All Sectional Title disputes are about money? – WRONG