Barbed like a cactus?
are a normal phenomenon in human relationships. What is not normal is
that in cases of dispute these relationships have to be destroyed forever,
or that conflicting parties have to end up facing financial ruin. Unfortunately,
the latter is often the case. In court cases in which relationships between
plaintiffs and defendants are already strained by a conflict, the probability
is always high that these relationships become destroyed forever. Legal
procedures aim at a purely legal solution, where mutual trust, respect
for each other and a common solution for the future are not the most important
considerations. The fact is that, where parties are bound together by
circumstances or family ties, for example where children are involved
or there is community of property, they usually end up being advised to
try coexisting permanently. Here, constructive solutions are needed that
require professional impartial advice. The best practice could be mediation.
Mediation is an informal and confidential way for people to resolve disputes with the help of a neutral person (the mediator) in order to achieve a common agreement that meets their needs and interests. The mediator is solely responsible for the process and does not therefore make decisions. The goal of mediation is the constructive resolution of the conflict without escalation or violence, and, if possible, even without trial.