A Guide to Mediation and Arbitration
One of the objectives of this Institute is to promote and encourage adaptation of the dispute resolution process in resolving differences of any nature among parties, by involving the parties in resolving their own claims and differences, with an aggressively active role. It is Sazesh's belief that one of the most effective methods to reach reconciliation among the parties in dispute is to listen to all sides, to help open a line of communication, to use all of Sazesh's available approaches, methodology, experts in order to invite and encourage all sides to be fair, ethical and jointly try to find an equitable solution to the dispute in hand. In general, people need each other to socialize as well as to trade, exchange, barter and interact in varieties of ways.In many of these interactions there will be an exchange of personal and real properties which is to be mutually beneficial.In these processes people, as a general rule, like to interface most peacefully and without any argument or disputes.Fortunately in most cases they are successful in achieving just that. In the past and at the present time, controversies among parties, with all their complexity, seem to have been less of legal issues and rather more about the misinterpretation, misunderstanding, and / or loss of the original intention in their covenants, agreements and contracts (verbal or written).In most cases people try to find ways to mitigate their differences in a "peaceful manner" and without litigation. Historically, in different countries of the world (especially in socialist countries) most disputes were settled through some type of mediation or arbitration (mitigation).Usually the parties in dispute, informally would have selected one or more individuals (parents, grand parents, mutual friends, religious leader) or others who had a good social reputation, were honest, ethical and knowledgeable and would asked them to resolve their disputes. At the present time, due to many reasons, perhaps the overcrowded court houses, long litigation processes, high cost of the litigation system and other reasons, even the capitalistic legal system of the USA has decided to go back to an Alternative Dispute Resolution (ADR) system by trying to settle cases through Mediation and Arbitration. The use of ADR is so important and vital that US court systems, from Municipal Courts, the Superior Court, State Supreme Court and US Supreme Court have made the use of Mediation and or Arbitration mandatory before trial.