Is Conflict Constructive or Destructive?

Conflict is destructive when:

  • Takes attention away from other important activities
  • Undermines morale or self-concept
  • Polarizes people and groups, redoing cooperation
  • Increases or sharpens difference
  • Leads to irresponsible and harmful behaviour, such as fighting and name calling.

Conflict is constructive when:

  • Results in clarification of important problems and issues
  • Results in solutions to problems
  • Involves people in resolving issues important to them
  • Causes authentic communication
  • Helps release emotion, anxiety and stress
  • Builds cooperation among people through learning more about each other: conflict resolution
  • Helps individuals develop understanding and skills

Conflict resolution

If it is well managed, conflict can have positive outcomes.

Mediation is a method to conflict resolution provided by Cooney Carey.

What questions do you have?

We are happy to help. Please post your comment below or call Lisa Byrne, Audit Manager at Cooney Carey, on 01 677 9000. Alternatively, send her an email: lbyrne@cooneycarey.ie 

If this article helped you, please share it with other businesses.

Posted on August 18, 2017 by Cooney Carey

8 Things You Must Know About Mediation

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1. Mediation is one of several approaches to resolving disputes. It differs from adversarial resolution processes by virtue of its simplicity, informality, flexibility, and economy.

2. The process is entirely confidential and flexible.

3. All discussions and negotiations are without prejudice and any documents prepared for mediation will be privileged and cannot be used in any subsequent court process.

4. Each party must have authority to negotiate and sign a settlement agreement.

5. Advisors can participate fully by preparing any necessary paperwork in support of the process and by attending with their client in a supportive role on the mediation day.

6. The mediation will typically take place over the course of one day (But sometimes a further day is required).

7. Mediation and litigation are not mutually exclusive.

8. Not all disputes lend themselves well to mediation. Success is unlikely unless:

– All parties’ are ready and willing to participate
– All (or no) parties have legal representation. Mediation includes no right to legal counsel.

What questions do you have?

We are happy to help. Please post your comment below or call Lisa Byrne, Audit Manager at Cooney Carey, on 01 677 9000. Alternatively, send her an email: lbyrne@cooneycarey.ie 

If this article helped you, please share it with other businesses.

Posted on April 15, 2015 by Lisa Byrne

When is Mediation Especially Appropriate?

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Mediation has moved centre stage and works in any circumstance where parties have diverging interests that need to be resolved. It is particularly suitable where:

  1. The parties wish to preserve their relationship whether commercial, professional or personal.
  2. Confidentiality is key.
  3. The needs of the parties cannot be addressed in court.
  4. Time is of the essence – mediation is fast and flexible.
  5. The parties wish to avoid the costs of lengthy litigation.

What types of disputes can be mediated?

  • Landlord and tenant
  • Neighbour and community
  • Business and customer
  • Employer and employee
  • Divorce and family
  • Negligence
  • Products liability
  • Construction disputes
  • Contracts
  • Personal and real property
  • Small claims
  • Other civil matters

Do’s of mediation

  1. Do listen carefully
  2. Do be fair
  3. Do ask how each party feel
  4. Do let each one state what happened
  5. Do treat each person with respect
  6. Do maintain confidentiality
  7. Do mediate in private

Don’ts of mediation

  1. Don’t take sides
  2. Don’t tell them what to do
  3. Don’t ask who started it
  4. Don’t try to blame someone else
  5. Don’t ask “why did u do it?”
  6. Don’t give advice
  7. Don’t look for witnesses

What questions do you have?

We are happy to help. Please post your comment below or call Lisa Byrne, Audit Manager at Cooney Carey, on 01 677 9000. Alternatively, send her an email: lbyrne@cooneycarey.ie 

If this article helped you, please share it with other businesses.

Posted on March 16, 2015 by Lisa Byrne

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