The back door of a general store in a back alley opens without a sound and an old man is peeking into the store.
He pushed the door further and tried to enter the store.
A young clerk working in the store said to an old man: Hello, old man, this place is off limits to outsiders.
Hearing that voice, the old man entered the store.
The clerk held the old man’s shoulder with his hand
“This place is off-limits to outsiders, so get out,” the clerk told the old man clearly.
The old man left the store.
The old man was the previous owner of this store. His shop was bought by this shop and he can no longer enter here.
It was a week after the old man’s death that the clerk who pushed the old man’s shoulder found out about it.
- What are the risks of mediating disputes?
- There are several risks in dispute mediation.
You may lose the trust of both parties. If an intermediary is perceived to endorse one side or hold a biased opinion, the other party may lose confidence in the intermediary.
Dispute resolution may be inadequate. When an intermediary determines a settlement on behalf of a disputing party, the question is whether the settlement is truly fair and reasonable. Also, if the resolution is unsatisfactory for both parties, the dispute may recur.
Intermediaries themselves may find themselves in conflict of interest situations. If the intermediary has a personal relationship with one of the parties, or if the settlement of the dispute may prejudice its own interests, the settlement will not be fair.
Indifference or ignorance of intermediaries may delay dispute resolution. If the intermediary does not have sufficient knowledge and interest in the dispute, dispute resolution may be delayed or an unsatisfactory resolution may be reached.
To minimize these risks, intermediaries need to be fair, neutral, concerned and knowledgeable.
— hiro (@hiro_osaka_jp) April 28, 2023
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