Restoring the relationship – or just settling the dispute

As mediators or legal advisers our primary task is to help parties resolve their dispute. Even when there is a settlement, however, we are sometimes left with a sense that there were underlying issues that haven’t been addressed. It can be a source of frustration that more could or should have been done to resolve them.

It may be possible to address these underlying conflicts when those present have a personal involvement in the dispute, by drawing on the processes of restorative justice. Questions - appropriately timed - like “How do you feel about what has happened?” “How has this affected you – and others?” and “What needs to happen for trust to be restored?” can help the parties to address and resolve not only the dispute but the deeper sources of conflict between them.