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Home > Country profiles > Fiji > Articles > Article detail

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Conflicts and disputes

Monday, 13th March 2018

"HAVE you ever had disputes and intended to resolve the same in a more expedient and effective manner without having to go through the court system?

Mediation is the answer for you to resolve disputes in timely and an amicable manner. Disputes and conflicts always create situations where relationships turn out to be unpleasant.

This is because of the fact that parties are not able to resolve their differences and have no choice but to resolve it through litigation processes. Apparently, there is a portion of the population that is not able to afford a lawsuit. As such, they have an option to conclude their disputes and conflicts through mediation.

Mediation is a method of alternative dispute resolution (ADR) available to aggrieved parties in any dispute. Mediation is essentially a negotiation facilitated by a neutral third party called the mediator. Unlike arbitration, which is a process of ADR somewhat similar to trial, mediation does not involve decision making by the mediator. ADR procedures can be initiated by the parties or may be compelled by legislation, the courts, or contractual terms.

Mediatory process is usually a voluntary process, although sometimes statutes, rules, or court orders may require participation in mediation.

This process is common in small claims courts, family courts, and civil courts. Unlike the litigation process, where a neutral third party (usually a judge) imposes a decision over the matter, the parties and their mediator ordinarily control the mediation process.

Unlike court proceedings, the parties drive the mediatory process from start to end. Early resolution of any dispute can undoubtedly reduce emotional stress and unnecessary hassle of running around by the parties to any dispute/grievance.

If the parties mediate early in their dispute, it is likely that they can avoid many costs associated with preparing their cases for trial."

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Language: English

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