Conflict Resolution

 Posted on October 15, 2018 in Business Law

Resolving legal conflicts in business and other areas can be complicated and frustrating for anyone, but the prospect of conflict resolution can feel even more daunting — and potentially biased — for members of the Muslim community. Common legal practices in the West rely on rules and individual responsibility, and as such, lawsuits are routine and necessary. Such practices can corrupt the ethical assumptions and religious or sociocultural practices of persons who do not ascribe to Western norms. All of this is to say that conflict resolution, particularly involving members of the Muslim community, can be complicated in relation to the U.S. judicial system.

Lawyers who regularly work with members of the Muslim community are trained to think outside of the box and to come up with unique solutions to legal and business disputes that arise between and among community members. There are multiple methods of alternative dispute resolution (ADR), and other non-judicial options, for resolving conflicts.

Mediation as a Helpful Alternative for Resolving Conflicts

Mediation is one form of alternative dispute resolution that can be helpful for resolving conflicts in different areas of the law. For instance, mediation can help two parties who are engaged in a business dispute to settle the conflict and to reach an agreement. Likewise, mediation can be beneficial to parties involved in a contentious family law matter. Through mediation, the family members can be certain that their voices will be heard, and they can work together through a mediator to resolve conflicts.

Lawyers who work in mediation are accustomed to developing tailored solutions to problems that meet the needs of clients. Since mediation is not a judicial process, the parties are not bound by the same rules and practices as in a courtroom. Instead, the mediator can use strategies that are specific to the issues at hand, and to the needs of the parties involved in the process.

In addition to being able to develop unique solutions to problems in the mediation process, mediation also provides parties with the benefits of privacy, as well as the ability to participate in the process. A mediator never makes a decision for either of the parties involved, but instead facilitates the process so that the parties can reach a mutual agreement. As such, the parties have more agency than they would in a courtroom setting.

Arbitration for Conflict Resolution

Mediation is not the only form of ADR that can be beneficial to members of the Muslim community in DuPage County. Arbitration is another form of ADR. Unlike mediation, ADR is more akin to a courtroom setting in that the parties present evidence, and the arbitrator makes a decision about the legal issue. However, similar to mediation, the arbitrator is not required to abide by judicial rules. Instead, the arbitrator can tailor the process so that it fits the parties involved, as well as the type of issue in dispute.

Muslim arbitration, as well as the mediation process, can allow members of the Muslim community to settle disputes in a manner that is in line with religious, cultural, and social norms (whereas that might not be the case in a courtroom).

Contact a DuPage County Business Lawyer

Even if you are not able to resolve a conflict through ADR, an experienced DuPage County business lawyer can discuss some of the unique strategies we use at our firm to help clients resolve disputes. Contact Farooqi & Husain Law Office to learn more about the services we provide to members of the Muslim community.

Source:

http://public.tepper.cmu.edu/jnh/corruption.pdf