MALAMED
MEDIATION ARTICLES
THE MANTRA | WHY I DO THIS WORK
We’re entering a new era where meeting interests, needs, and wants is first prize, and therefore the obvious place to start.
SECTIONAL TITLE MEDIATION | The WHY WHAT HOW WHEN WHERE WHO
The Mediator receives information privately when a party prefers that concerns, weaknesses, strengths, and underlying interests are disclosed.
SECTIONAL TITLE MEDIATION | HOW does it work?
Mediation, particularly when dealing with Sectional Title Conflict depends on frankness with the mediator.
SECTIONAL TITLE MEDIATION | WHAT is it?
As an alternative to litigation, arbitration or adjudication, mediation is a voluntary process conducted informally without prejudice.
SECTIONAL TITLE MEDIATION | WHEN is the best time for it?
It is a no-risk, non-binding, confidential, without prejudice, informal, and cheap alternative, with a 75% plus success rate.
SECTIONAL TITLE MEDIATION | WHERE can it take place?
Cost-effectiveness is critical if Mediation is to deliver. For this (and other) reasons, Mediation is increasingly being done online.
SECTIONAL TITLE MEDIATION | WHY consider it?
Sectional Title disputes need not lead to costly litigation or similar processes: there are cheaper ways of achieving better results.
SECTIONAL TITLE MEDIATION | WHO does it?
When you help one person to resolve a conflict, the experience extends to others like family, friends, and colleagues.
SECTIONAL TITLE MEDIATION | A Crutch?
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.
ALTERNATIVE DISPUTE RESOLUTION (ADR) IN SECTIONAL TITLE SCHEMES | The Logic
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.
ALTERNATIVE DISPUTE RESOLUTION (ADR) IN SECTIONAL TITLE SCHEMES
ADR has developed as a response to an often disappointing system involving litigation, lawyers, courts etc.
SECTIONAL TITLE | THE CASE FOR A PROFESSIONAL TO NEGOTIATE ON YOUR BEHALF
In the Sectional Title environment, you should not be negotiating directly with attorneys, trustees, the Body Corp representatives, or even tenants.
NEGOTIATING DIRECTLY FOR YOURSELF | BRAVE DISCUSSIONS
In a Sectional Title environment, this translates into wasted time, overlooked opportunities, degraded decision quality, sabotage, vandalism, restructuring, health costs and more.
SECTIONAL TITLE | CONFLICT as OPPORTUNITY
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.
SECTIONAL TITLE | POSITIONS vs INTERESTS
People in disputes take positions, generally based on the power they wield or rights they feel entitled to.
SECTIONAL TITLE CONFLICT | Sources, Causes and Types
Conflict, disputes, and disagreements are the inevitable result of the interaction between personalities and circumstances.
CONFLICT BEHAVIOUR
Personality is hard-wired, behaviour is modifiable, and it’s the behaviour that affects you and those around you.
THE COSTS OF CONFLICT
There are obvious implications when disputes happen in ways that require money or other resources.
CONFLICT ESCALATION IN SECTIONAL TITLE SCHEMES
Positive, proactive stimulation of conflict means you get to pull things out from under the rug, switching on the creative juices towards a solution.
CONFLICT MANAGEMENT in SECTIONAL TITLE SCHEMES
Disputes, whether hidden or obvious, are signs of conflict. Conflicts can remain dormant until they erupt as disputes.
THE DISPUTE SETTLEMENT HIERARCHY
The ranked actions of power, then rights, and then lastly interests, are illustrated by the all too common Conflict Escalation Spiral.
CONFLICT CULTURE IN BODY CORPS
When you examine the behavioural style of an organisation like a Body Corp, you reveal its conflict culture.
CONFLICT DE – ESCALATION
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.
CONFLICT COMPETENCE
If you can control your behaviour to respond in ways that generate calm and lead to better communication, your conflict competence levels will improve.
SECTIONAL TITLE NEGOTIATION | THE PREPARATION
“Negotiation is 80% preparation and 20% dialogue.” All Sectional Title disputes are about money? – WRONG