In the modern interconnected, fast moving and dynamic world, disputes are inevitable. The fairest attempt to address disputes by pragmatic contractual documents and realistic expectations do not always avert disputes. According to Johan Galtung, disputes arise because of structural, relational, and behavioral factors. The disputes will present themselves in commercial transactions, employment relationships, family business, construction projects, or general disagreement stemming from business interactions. The conventional approaches to dispute resolution mechanisms such as avoidance, fighting, litigation often escalate into conflict, broken relationships, and costly realities for disputants.
When the real cause of dispute may be rooted in relational, situational, and structural challenges, the conventional methods of resolution such as litigation do not address these challenges satisfactorily or at all. While courts continue to give a good attempt at addressing these challenges, the Court option remains costly, lengthy, adversarial, emotionally draining and often does not address the root causes of dispute.
Aware of these, the Judiciary, through the Court Annexed Mediation project, has done a fair job in encouraging the use of mediation. Even then, parties still would prefer not to be in court in the first place. In many cases, parties emerge from court processes with damaged relationships, disrupted operations, and significant financial strain.
