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     Trans-Border 

 

Trans (prefix) : on the other side of, to the other side, over, across

Border (noun) : the line separating political, jurisdictional, or organizational divisions; a boundary

 

JURISDICTIONAL BORDERS

ORGANIZATIONAL BORDERS

POLITICAL BORDERS

 

There are many kinds of borders that separate people, groups, and entities.  These borders exist between districts and provinces, corporate subsidiaries and divisions, or between counties and municipalities.

All varieties of interests may come into contention across those borders.  Mediation effectively deals with conflicts between parties separated by divisions which inhibit their direct resolution of the issues.  Mediation removes the need to find an authority or a venue to make a decision.  The parties make the decisions themselves with the support of a professional mediator.  Mediation is often the best option in terms of reducing both the direct costs as well as the destructive residual impact adjudicative processes can leave on relationships.

Due to complications and costs of trans-border disputes, sometimes the decision can be made not to pursue interests, or conversely to not defend them.  Use of a mediator can lower costs to less than either litigation through the courts, or arbitration supported by an institution.  Exploring and responding to trans-border disputes by using mediation reduces barriers to collaborative conflict resolution, without precluding other options.

 

JURISDICTIONAL BORDERS

Jurisdictions can cross state, prefect, or provincial political borders just as the regional Federal Circuit Court System spans states in the USA.  Multiple jurisdictions can exist within a border starting at the local and moving up to the International Court of Justice.  When conflicting parties are in different legal jurisdictions or other political domains, bringing or responding to an issue  can be a difficult and expensive proposition.  Just determining and accessing a suitable court with appropriate jurisdiction can be challenging.  Selecting qualified and competent legal representation can be difficult, time consuming, and expensive.

In the USA, the costs of time and money required to bring or respond to a suit at the Federal Court are substantial.  It is far more economical to mediate the differences, at least as an initial procedure.  Participants do not give up the right to go to court after mediation as is sacrificed by using arbitration.  With trans-border mediation the prospect of saving substantial time and money is high, the risk is low, while the chance for settlement can be good.

Additionally, and in some cases more importantly, as the parties in a mediation formulate the settlement themselves they completely control the outcome of the conflict.  They are assured a solution they can at least live with, instead of having some outrageous or onerous judgment inflicted upon them that might be difficult to live with.

 

ORGANIZATIONAL BORDERS

Some corporations and organizations rival the organizational structure of mid-sized countries.  Certainly the intra-organizational competition in these entities themselves can be just as substantial, costly, and intense as international conflict.  Divisions, groups, departments, teams, and projects all have interests and sometimes those interests are in competition with each other.  Despite being drawn together in the common service of their organization, subordinate elements can be drawn into prolonged costly conflicts.  Costly in terms of: resources spent on the conflict; the opportunity cost sacrificed while focusing on the conflict; and productivity reducing  relationship damage caused by the escalatory nature of personalities in adversarial confrontation.

Such conflicts are sometimes the valid and legitimate result of people fulfilling their professional responsibilities to the utmost degree.  Sometimes, however, these conflicts go far beyond any legitimate basis of concern for stakeholder and constituent interests.   The private and confidential nature of the mediation process can be highly advantageous.

Mediation offers organizations the best opportunity to constructively deal with their conflicts.  The mediation process offers a constructive, causal, and positive way to address and resolve organizational conflict.

 

POLITICAL BORDERS

There are states and provinces within nations.  Districts and counties within states.  Political division  scales down further to municipalities, boroughs, precincts, and neighborhoods.  These politically defined governmental and non-governmental organizations all feature conflicts.  They spend taxpayer and sponsor dollars on formal adjudicative and adversarial conflict resolution processes.  Many of these issues can be dealt with far more economically and productively with mediation.

Parties to political and public conflict show respect for their constituent groups when they work out their differences at the lowest possible level.  No advantage is gained when long, costly, and destructive adversarial battles are engaged in.   Mediation can help deal with conflict between political entities in a way such that all parties come out as winners.  

 

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