This proposition was conceived by Vivek Garg MBA, the Texas-based Business Lead and Analyst. I trust that he will not mind me looking at his very wise words from a mediation perspective.
Of late I have written a good deal about complexity but why do people make things more complex than they really are and is it because they probably do not understand them well enough?
In some instances, the answer may be that people charged with making something unnecessarily complicated quite conceivably are creating a smokescreen for the disingenuous or outright dishonest. In other instances, the answer may not be so simple.
Not all those who thrive on unwarranted complexity are necessarily dishonest or disingenuous. Very often the actions or decisions that affect particular individuals that they will have to live with and possibly even implement may have been made by other people with whom they have no obvious connection. The thought processes behind particular decisions may not be apparent or they may have been poorly explained. Many will have been made without proper consideration of the relevant facts or might be premised on highly subjective or political considerations that do not really have a wider application. The responsible person or organisation may not be contactable, may no longer exist or may have declined to assist or clarify. This could result in some innocent individual, possibly someone involved in a protracted dispute or court case, trying to make sense of things and distinguish “right from wrong” in very difficult circumstances.
When it comes to traditional forms of dispute resolution all too often things do go wrong. Even in the context of costly or protracted court cases, those involved do not always “start at the beginning”. Outcomes are often dictated by costs considerations and disillusionment caused by the inevitable lengthy delays. Instead of starting at the beginning, people “jump in” to the middle and confuse concepts such as “fact” and “need” or “preference”. Accordingly, confusion reigns and it can be impossible to separate fact from fiction or the relevant from the irrelevant. Feelings run high and at the end of the day, no one is really any the wiser.
And so, to mediation which goes to the heart of the matter and helps parties to address the root causes of their particular dispute. In a sense it is a “myth buster”, the very antithesis of over complication that helps to deconstruct the tangled webs that may have resulted. Sometimes an, it might even demonstrate that the supposedly “unnecessary complex” is anything but.
Because mediation is conducted in a safe, confidential environment which is not subject to the cost considerations that beset litigation, it helps to ensure that complex or long-standing disputes can be given the good long hard look that they might otherwise not get. Those who for one reason or another have either unnecessarily complicated or subverted matters can be properly held to account and the spirit of equality of arms that is mediation engenders means that everyone has their say.
In short, timely, very cost-effective mediation is the very antithesis of over complication. My response to Mr Garg’s very well stated proposition is to emphasise to readers that whether in the context of a high end commercial, family, medical or education dispute involving multiple parties or a “straightforward” neighbour or community dispute, the business case for the excellent service that ASMADR provides is unassailable.
Principal Director of ASMADR, civil/commercial, workplace, employment, family and educational mediator and trainer with a judicial/legal background. He has knowledge and expertise in dispute resolution in a wide range of areas and disciplines and mediates online.