Negotiators, mediators, and fact-finders are roles designed to help disputing parties reach an agreement as an alternative to a costly and time consuming court experience. Each discipline is a component of the alternative dispute resolution process and a resolution may require expertise drawn from each role.
You may benefit from a Mediator if:
- You distrust the other party(s)
- To avoid an adversarial situation
- One or all parties are too emotional to negotiate face to face
- When negotiations have broken down
- A specific request for mediation by one party.
Success is measured in developing an accord that all will accept.
You may benefit from a Negotiator if:
- You want to protect your interests
- Lack of skills on your part to negotiate
- Not comfortable with negotiation
- Your adversary has hired one
Success is measured in getting the best agreement possible for those on one side of the issue.
You might need a fact-finder:
- To determine the facts that are in dispute
- You feel the other party(s) are misleading, withholding information or lying
Success is measured by the discovery of the truth.
The measured approach is best utilized when:
- civil unrest is a possibility (labour disputes, protests,blockades)
Success is measured when the interests of all parities are in balance with the interests of the public good.