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Business is often faced with internal or external conflict and if not properly managed conflict can become an inhibiter for business growth and sustainability.
Conflict solutions partners with business to have the correct and appropriate processes in place to manage conflict and promote business growth.
Effective conflict management comprises of three main pillars
(A) Simplifying the employment relationship
(B) Assisting managers to manage employees and contain conflict
(C) Treating your “valuable assets” firm but fair
The services offered range from drafting and implementing labour related policies and procedures, labour agreements, providing labour relations training, chairing disciplinary enquiries, mediating grievances and arbitrating disputes
CONFLICT SOLUTIONS has a network of experienced practitioners eager to assist you in resolving your disputes.
Having spent over 30 years in the human resources and dispute resolution fields CONFLICT SOLUTIONS can offer you an appropriate process to address your conflict situations.
The methods used to resolve disputes and provide innovative solutions will ensure that your business can focus on its’ core purpose.
CONFLICT SOLUTIONS provides a variety of services from assisting with conflict management to ensuring appropriate policies and procedures are in place.
CONFLICT SOLUTIONS focus is to resolve disputes with resolutions that all parties can embrace.
Below are a few of the questions you might need answering.
Mediation is a voluntary process where the dispute between two or more parties is facilitated by an independent person, known as a Mediator.
As the process of mediation is voluntary the parties are in control of the process. Mediation therefore results in an agreement between the disputing parties which has been designed and agreed upon by the parties.
Very often disputing parties are immersed in their dispute that they become positional. The role of the mediator is to channel the negative conflict to reach a positive outcome. Usually, by controlling the conflict, the parties obtain an understanding of each other’s positions and can move towards a workable solution.
The process of mediation is voluntary and confidential. Should there be no agreement at the conclusion of the mediation then the parties can exercise their rights in law.
Most mediation is affordable and less expensive than having to follow litigation. If the parties reach an agreement, then the cost saved in time and money is well worthwhile. Each party contributes towards the cost of the mediation, whereas in litigation each party carries their own cost.
The process of mediation is voluntary so the parties could determine the amount of time they are prepared to afford the mediation process to reach an agreement. The entire process can be managed by the parties to ensure that it is not prolonged or becomes too costly.
The parties are in control of the process and the outcome of the process. Mediation is viewed as a “win-win” process where the parties determine the outcome of the engagements and are the architects of the agreement.
Arbitration is either contractual or voluntary. If arbitration is contractual then it forms part of a primary contract where arbitration is the preferred dispute settlement mechanism. If it is voluntary, then the disputing parties agree to refer their dispute to arbitration. The arbitration process is conducted by an Arbitrator or a panel of Arbitrators.
Arbitration is often cheaper and quicker than litigation. The outcome (arbitration award) is final and binding on the parties. The parties choose the arbitrator and if no agreement can be reached, they can approach an arbitration organization to allocate a suitable arbitrator to the dispute.
Arbitration provides a final determination to a dispute within a relatively short time. Unlike litigation, arbitration can be scheduled soon after the dispute has risen and without too much formality. There is no need to wait for long drawn out pre-court procedures and can take place once an arbitrator has been allocated.
The outcome of arbitration is the issuing of an award. The award is final and binding and can only be challenged on limited specific grounds. The arbitration process, once implemented, is unlikely to fail and provides certainty to the parties.
Due to the expedience of arbitration, costs are saved. The cost of arbitration can usually be curtailed as the parties agree on the arbitrator’s cost and can assist in the management of the engagements in the arbitration process. The parties would carry the costs of the arbitration as set out in the award or by mutual agreement of the parties.
This is dependent on the nature of the dispute and the availability of the parties. Arbitrations can take a few days, weeks or months (in complex matters) but is generally quicker than referring the dispute to litigation.
The arbitrator will issue an award to the parties. The award would set out which party was successful in their claim. The arbitration award is final and binding on the parties.
