« Method Strengths Weaknesses Arbitration • Arbitration can offer processes and remedies that courts cannot. Parties looking for explanations or apologies rather than high levels of compensation may well obtain greater satisfaction from a more personal and less rigid procedure. • An arbitrated decision is a decision in favour of one party. One party will therefore feel less satisfied with the outcome of the arbitration. • The conversation is purely evidence-based and depends on how knowledgeable the litigators are regarding the law governing the dispute. • Litigation is time-consuming and expensive and often requires legal representation. Moreover, the court action may take one or more years to resolve. • The process used to reach a judicial determination includes strict rules of evidence and procedure. It therefore, does not go beyond this in order to consider feelings and needs. • Win–lose scenario. This could cause further animosity between the parties and resentment of the legal system. There is very little concern for the relationship – it is more about winning the case. • The decision is enforceable by the court. • The formality of the courtroom and the strict rules of evidence and procedure may be intimidating for some parties. Litigation • Arbitration often bears similarities to court proceedings and parties may choose to have legal representation, but this is not a requirement of arbitration. In addition to paying for legal representation, the parties have to bear some of the costs of engaging the arbitrator and of hiring a venue for the proceedings. As a way of bolstering participants’ appreciation of the concept of dialogue, the following exercise can be used as a way to consolidate the session. Exercise Participants must develop a clear understanding of how dialogue differs from other tools that are commonly used in conflict resolution. Defining the key characteristics of a sustained-dialogue process (Mini lecture and discussions) This session involves an interactive presentation or conversation between the facilitator and the participants on key characteristics of a dialogue process. The presentation should be contextualised to ensure that participants understand the meaning of each characteristic. Overleaf are some of the points that the facilitator could highlight. 36 Community Healing: A training manual for Zimbabwe