What is the Difference Between 中介 和 Conflict Resolution?

杰西卡·埃利斯
杰西卡·埃利斯
Divorcing partners may choose mediation as a method of conflict resolution.
Divorcing partners may choose mediation as a method of conflict resolution.

中介conflict resolution 是类型的 争议解决 often used to solve legal issues outside of the courtroom. While "conflict resolution" is a broad term that may describe a variety of different alternative 争议解决 methods, mediation refers to a specific process in which a neutral third party helps two warring sides come to a resolution on their own. Engaging in mediation 和 conflict resolution can help prevent a long 和 expensive legal battle by allowing both sides to approach the court with an equitable solution in place.

Many divorcing couples need the help of a professional 中介 to settle conflicts about assets 和 custody.
Many divorcing couples need the help of a professional 中介 to settle conflicts about assets 和 custody.

Conflict resolution can refer to any type of alternative bargaining done between two sides outside of the courtroom. In addition to mediation, conflict resolution can also be obtained through 仲裁, which is a binding form of judgment that is often faster 和 less expensive than a traditional trial. Conflict resolution is also sometimes done between the defendant 和 plaintiff without the interference from lawyers, such as in cases where divorce agreements are worked out by the couple. It can also be managed with the assistance of a counselor with training in conflict management.

Conflict resolution involves bringing parties together, exploring the issues behind their conflict, 和 then finding a resolution to those issues that is satisfactory for all parties.
Conflict resolution involves bringing parties together, exploring the issues behind their conflict, 和 then finding a resolution to those issues that is satisfactory for all parties.

中介 involves a professional 中介, who may be available privately or through court services. Mediators are distinct from arbiters in that the agreements worked out in mediation are not determined by the 中介 but instead are negotiated agreements made between the two parties. 中介 allows a more private, closed-doors atmosphere than traditional litigation 和 has the advantage of leaving the major decisions in the h和s of the disputing parties, rather than allowing a judge or arbiter to make a binding decision.

The process of effective conflict resolution may involve many different strategies to find a resolution to conflict.
The process of effective conflict resolution may involve many different strategies to find a resolution to conflict.

中介 和 conflict resolution are often distinguished from one another by the presence of a neutral, professional third party. Many forms of conflict resolution focus on the two main parties communicating effectively with one another to determine a solution. While mediation 和 conflict resolution have the same goals, mediation can be preferable in situations where emotions are running high enough to cloud judgment, where one party feels threatened or intimidated by the other, or where trust levels between the two parties are low. A 中介 can serve as a voice of reason 和 妥协 in a potentially explosive situation, in addition to bringing legal knowledge that neither party may possess.

In civil trials where damages are sought or divisions of assets 和 responsibilities are required, mediation 和 conflict resolution can help cut down on the amount of court interference necessary. This can help cut down on court costs 和 the emotional stress caused by a long, contentious legal battle. 介导的情况下, or those that have undergone some form of conflict resolution, tend to pass through the courts more quickly 和 feature settlements that are readily acceptable to a judge.

杰西卡·埃利斯
杰西卡·埃利斯

与一个B.A. in theater from UCLA 和 a graduate degree in screenwriting from the American Film Institute, Jessica is passionate about drama 和 film. She has many other interests, 和 enjoys learning 和 writing about a wide range of topics in her role as a MyLawQuestions writer.

杰西卡·埃利斯
杰西卡·埃利斯

与一个B.A. in theater from UCLA 和 a graduate degree in screenwriting from the American Film Institute, Jessica is passionate about drama 和 film. She has many other interests, 和 enjoys learning 和 writing about a wide range of topics in her role as a MyLawQuestions writer.

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    • Divorcing partners may choose mediation as a method of conflict resolution.
      由:非洲工作室
      Divorcing partners may choose mediation as a method of conflict resolution.
    • Many divorcing couples need the help of a professional 中介 to settle conflicts about assets 和 custody.
      :布莱恩·克里族
      Many divorcing couples need the help of a professional 中介 to settle conflicts about assets 和 custody.
    • Conflict resolution involves bringing parties together, exploring the issues behind their conflict, 和 then finding a resolution to those issues that is satisfactory for all parties.
      : endostock
      Conflict resolution involves bringing parties together, exploring the issues behind their conflict, 和 then finding a resolution to those issues that is satisfactory for all parties.
    • The process of effective conflict resolution may involve many different strategies to find a resolution to conflict.
      : Inna Vlasova
      The process of effective conflict resolution may involve many different strategies to find a resolution to conflict.