Getting people to agree on things can be tough, right? Whether it’s a disagreement at home, at work, or in the community, finding common ground often feels like a challenge. This article looks at how we can all get better at reaching agreements, focusing on the process of consensus. We’ll break down what makes it work, how different situations might need different approaches, and what skills can help make the whole thing smoother. It’s all about finding ways to work things out so everyone feels heard and a solution can be found.
Key Takeaways
- Consensus is about finding a shared agreement, and it works best when everyone involved agrees to participate voluntarily.
- A neutral person, like a mediator, helps guide the conversation without taking sides, making it easier for people to talk and listen.
- There are different ways to reach consensus, depending on whether it’s a family issue, a workplace problem, or a business dispute.
- The process usually involves preparing, sharing views, digging into what people really need, and then working out solutions together.
- Skills like really listening, understanding different viewpoints, and managing emotions are super important for making consensus work well.
Understanding The Core Principles Of Consensus
Achieving consensus isn’t just about finding a middle ground; it’s about building a shared understanding and agreement that everyone involved can genuinely support. At its core, consensus is a voluntary process. This means people come to the table because they want to, not because they’re forced. It’s about self-determination – the idea that the people directly involved have the final say in what gets decided. No one is going to impose a solution on you.
Defining Mediation As A Voluntary Process
Think of mediation as a conversation where a neutral person helps guide things along. The most important thing to remember is that you’re there because you choose to be. You can leave at any time, and you don’t have to agree to anything you’re not comfortable with. This voluntary nature is what makes mediation different from going to court, where a judge makes decisions for you. It’s your process, and you’re in charge of the outcome.
The Role Of A Neutral Facilitator
The person leading the mediation, often called a mediator, is there to help. They don’t take sides. Their job is to make sure everyone gets heard, that the conversation stays on track, and that communication stays respectful. They help you explore the issues, understand each other’s viewpoints, and brainstorm possible solutions. They aren’t there to judge or tell you what to do, but to help you figure it out together.
Key Principles Guiding Agreement
Several ideas are central to how consensus works. First, there’s neutrality – the facilitator stays impartial. Second, confidentiality is key; what’s said in the room usually stays in the room, which encourages open talk. Third, self-determination means you and the other parties decide the outcome. Finally, the focus is often on interests, not just stated positions. What do you really need or want, and why? Understanding these underlying needs is often the path to a lasting agreement.
Voluntariness And Self-Determination In Consensus
These two principles go hand-in-hand. Because participation is voluntary, you have the power to shape the agreement. This isn’t about someone else telling you what’s fair; it’s about you and the other parties figuring out what works best for your specific situation. This sense of ownership over the outcome is a big reason why consensus agreements are often more durable and satisfactory than imposed decisions. It’s about finding solutions that you can all live with, and even support, because you helped create them.
Navigating Different Types Of Consensus Processes
Consensus-building isn’t a one-size-fits-all kind of thing. It shows up in all sorts of places, and how it works can change quite a bit depending on who’s involved and what they’re arguing about. It’s pretty neat how the same basic idea of people talking to reach an agreement can be used for such different situations.
Family and Divorce Mediation
When families hit rough patches, especially during divorce, mediation can be a lifesaver. Instead of a judge deciding who gets what or how kids will be cared for, a mediator helps parents talk through tough issues like child custody, visitation schedules, and dividing property. The goal here is to create a plan that works for everyone, especially the kids, and to keep things as civil as possible. It’s all about finding solutions that respect everyone’s needs and allow families to move forward.
- Child Custody and Parenting Plans: Creating schedules and responsibilities for children.
- Spousal Support and Asset Division: Figuring out financial arrangements and how to split property.
- Elder Care Mediation: Addressing caregiving responsibilities and financial support for aging parents.
In family matters, the emotional stakes are incredibly high. Mediation aims to provide a safe space for these difficult conversations, focusing on practical solutions that support the well-being of all family members, particularly children.
Workplace Conflict Resolution
Workplace disagreements happen, whether it’s between colleagues, a boss and an employee, or even different departments. Mediation can step in to help sort these out without things getting too messy. It can be used for issues like personality clashes, disagreements over workload, or even claims of harassment. The idea is to get people talking again, understand each other’s viewpoints, and find a way to work together more effectively. Keeping good working relationships intact is often a major benefit here.
- Resolving disputes between team members.
- Addressing employer-employee disagreements.
- Mediating issues related to workplace policies or conduct.
Commercial and Business Disputes
Businesses run on agreements, and when those agreements go south, mediation can be a really smart way to fix things. Think contract disputes, partnership breakups, or disagreements over intellectual property. Instead of heading to court, which can be super expensive and time-consuming, businesses can use mediation to find a practical solution. This is especially important when you want to keep a business relationship going or protect sensitive company information. It’s all about finding a business-friendly resolution.
- Contract breaches and disagreements.
- Partnership dissolutions and shareholder conflicts.
- Intellectual property (IP) disputes.
Community and Civil Matters
On a broader scale, mediation helps sort out issues that affect neighborhoods or communities. This could be anything from a dispute between neighbors over a fence line or noise to disagreements within a homeowners’ association. Civil mediation also covers a wide range of other disputes between individuals or groups, like landlord-tenant issues or small claims that don’t quite warrant a full court battle. It’s a way for people to resolve local problems and keep their communities running smoothly.
- Neighborhood disputes (e.g., property lines, noise).
- Landlord-tenant conflicts.
- Disputes within community organizations or HOAs.
The Stages Of Achieving Consensus
Reaching an agreement through consensus isn’t usually a single event; it’s more like a journey with distinct phases. Each stage builds on the last, moving parties from initial disagreement toward a shared understanding and, hopefully, a workable solution. Think of it like building something – you need a solid foundation, then the walls, and finally the roof.
Preparation And Setting Ground Rules
Before anyone even starts talking about the actual problem, there’s a lot of groundwork to do. This is where you figure out who needs to be there, what information everyone should bring, and what the basic rules of engagement will be. It’s like getting your tools ready and clearing your workspace before you start a project. Setting clear ground rules early on is super important for keeping things productive. This might include agreeing to speak respectfully, not interrupting, and focusing on the issues rather than personal attacks. It’s also about making sure everyone understands that this is a voluntary process and that they have control over the final outcome.
Opening Statements And Perspective Sharing
Once everyone’s gathered and the ground rules are set, the next step is for each person to share their side of the story. This isn’t about arguing or debating yet; it’s about explaining what the issue looks like from their point of view. Think of it as laying out all the pieces on the table. Each party gets a chance to talk without interruption, explaining their concerns, what happened, and how it affected them. This part is key for helping everyone hear each other, not just listen.
Exploration Of Underlying Interests
This is where things get interesting, and often, where the real work happens. It’s not enough to just know what people want (their positions); you need to understand why they want it (their interests). What are their underlying needs, fears, hopes, or concerns? For example, someone might say they "want the fence moved" (their position), but their real interest might be "privacy" or "to stop the dog from getting out" (their interests). Digging into these interests opens up more possibilities for solutions that might satisfy everyone.
Negotiation And Option Generation
With everyone’s interests laid out, it’s time to brainstorm solutions. This is the creative part. The goal isn’t to immediately agree on one thing, but to come up with as many different ideas as possible. Think "what if?" and "how about?". Once you have a list of potential options, you can then start evaluating them. Which ones best meet the identified interests? Which ones are practical and realistic? This back-and-forth is the core of negotiation, where parties work together to find a path forward that works for everyone involved.
Roles And Responsibilities In Consensus Building
When folks get together to sort out a disagreement, everyone involved has a part to play. It’s not just about showing up; it’s about understanding what you’re supposed to do and what others are doing to help things move along. Think of it like a team sport – everyone has a position and a job to do for the team to win.
The Mediator’s Facilitative Function
The mediator is the person in charge of keeping the conversation on track. They aren’t there to pick sides or tell people what to do. Instead, their main job is to make sure everyone gets a chance to speak and be heard. They help clarify what people are saying, especially when things get heated or confusing. Mediators also set the rules for how the discussion will go, making sure it stays respectful. They might ask questions to get people thinking differently about the problem or suggest ways to look at solutions that haven’t been considered yet. Their goal is to guide the process, not to dictate the outcome.
Party Autonomy And Decision-Making
This is a big one: the people actually in the dispute are the ones who get to decide what happens. The mediator can suggest things, but they can’t force anyone to agree to anything. It’s up to the parties to talk it out, figure out what works for them, and make the final call. This means everyone involved has the power to shape the agreement. If something doesn’t feel right or doesn’t meet their needs, they have the right to say no. This self-determination is what makes consensus building different from other methods where a judge or arbitrator makes the decision for you.
The Role Of Legal Counsel
Sometimes, people bring lawyers with them to these discussions. Lawyers can be super helpful. They understand the legal stuff, can explain what agreements might mean down the road, and make sure everything is written down correctly. They act as advisors to their client, helping them understand their rights and options. However, even with lawyers present, the parties themselves are still the ones making the decisions. The lawyer’s job is to support their client’s choices, not to make them.
Understanding Stakeholder Involvement
It’s not always just the two main people in a dispute who are affected. Sometimes, there are other folks, like family members, employees, or even the community, who have an interest in how things turn out. These are called stakeholders. Figuring out who these people are and how they might be involved is important. Sometimes, they might need to be part of the conversation, or at least their perspectives need to be considered. Ignoring stakeholders can cause problems later on, even if an agreement is reached between the primary parties. It’s about making sure the solution works for as many people as possible who are impacted by the issue.
Essential Skills For Effective Consensus
Mastering Active Listening Techniques
Active listening is more than just hearing words; it’s about truly understanding what the other person is trying to communicate, both the spoken and unspoken. This means paying full attention, not just to the facts but also to the feelings behind them. When you’re actively listening, you’re not planning your response; you’re focused on grasping their perspective. This can involve nodding, making eye contact, and using verbal cues like "I see" or "Tell me more." It shows respect and helps build trust, which is pretty important when you’re trying to agree on something.
The Art Of Reframing Issues
Sometimes, people get stuck on how they state a problem. They might say, "You never listen to me!" which is a complaint, sure, but it doesn’t really open the door for solutions. Reframing takes that statement and turns it into something more constructive, like, "It sounds like you’re feeling unheard, and you’d like to find a way to communicate more effectively." This shifts the focus from blame to a shared problem that can be worked on together. It’s about changing the language from accusatory to collaborative, making it easier to find common ground.
Managing Emotions For Productive Dialogue
Let’s be real, disagreements can get emotional. People might feel angry, frustrated, or defensive. A big part of reaching consensus is learning to manage these feelings, both your own and those of others. This doesn’t mean ignoring emotions, but rather acknowledging them without letting them derail the conversation. A mediator might help by validating feelings ("I can see why that would be upsetting") or by taking a short break if things get too heated. The goal is to create a space where people feel safe enough to express themselves without escalating the conflict.
Interest-Based Negotiation Strategies
Instead of focusing on what someone says they want (their position), interest-based negotiation looks at why they want it (their underlying interests). For example, two people might argue over a specific meeting time. One person’s position is "We must meet at 2 PM." Their interest, however, might be "I need to finish this task before I can attend the meeting." The other person’s position might be "We must meet at 3 PM," with an interest of "I need to pick up my child from school." By identifying these deeper interests, you can often find creative solutions that satisfy everyone, like meeting at 2:30 PM or finding a way for the second person to attend part of the meeting. It’s about finding the ‘what’s in it for me’ for everyone involved.
Preparing For A Consensus Process
Getting ready for a consensus process is a bit like packing for a trip. You wouldn’t just show up at the airport without a plan, right? The same goes for mediation or any other agreement-building session. A little preparation goes a long way in making sure the time spent is productive and leads to the outcomes you’re hoping for.
What To Bring To The Table
This isn’t just about physical items, though those can be important too. Think about what you need to bring in terms of information and mindset. Having your facts straight and understanding your own needs is key. It’s also helpful to bring any documents that are relevant to the issues being discussed. This could be anything from financial statements to previous correspondence or contracts.
- Relevant Documents: Gather all papers, emails, or records that support your perspective or are central to the dispute.
- List of Issues: Jot down the specific points you need to address and resolve.
- Your Goals: What do you realistically hope to achieve by the end of the process?
- Open Mind: Be prepared to listen and consider different viewpoints.
Emotional And Mental Preparation
This is often the trickiest part. Consensus processes can bring up a lot of feelings. It’s important to acknowledge this and try to manage your emotional state beforehand. Think about what might trigger you and how you can respond constructively. Sometimes, just knowing you might feel stressed can help you prepare to stay calm.
It’s easy to get caught up in the heat of the moment, especially when discussing sensitive topics. Taking a few deep breaths, reminding yourself of the goal, and focusing on the process can make a significant difference in how you communicate and how receptive you are to solutions.
Understanding Legal Considerations
While consensus processes are often less formal than court, understanding the legal landscape is still a good idea. You don’t necessarily need to be a legal expert, but knowing the basic legal framework surrounding your issue can help you make informed decisions. If you have legal counsel, this is the time to discuss their role and how they can support you during the process. They can help clarify rights, obligations, and the potential implications of any agreement reached.
Setting Realistic Goals For Agreement
Before you even walk into the room, take some time to think about what a successful outcome looks like. What are your absolute must-haves, and where might you have some flexibility? It’s also important to consider what a realistic outcome is, given the circumstances. Aiming for the impossible can lead to frustration. A good goal is one that is achievable and addresses your core needs while also being acceptable to the other party.
| Goal Type | Description |
|---|---|
| Ideal Outcome | Everything you could possibly hope for. |
| Acceptable Outcome | A good result that meets your main needs and is fair. |
| Minimum Outcome | The least you can agree to and still feel the process was worthwhile. |
Addressing Challenges In Consensus Building
Navigating High-Conflict Personalities
Sometimes, you’ll encounter individuals in a consensus process who seem determined to keep the conflict alive. These high-conflict personalities might engage in personal attacks, refuse to budge from their stated positions, or consistently derail productive conversation. The key here is for the facilitator to remain calm and focused on the process. It’s not about changing the person, but about managing their behavior within the agreed-upon ground rules. This often involves redirecting them back to the issues at hand, using neutral language, and sometimes employing private caucuses to understand their underlying concerns without the pressure of the other party present. A skilled mediator can help de-escalate tension by validating emotions without necessarily agreeing with the expressed sentiment, and by gently reframing inflammatory statements into more constructive language.
Mitigating Power Imbalances
Not everyone comes to the table with equal influence. One party might have more financial resources, legal backing, or simply a louder voice. This power imbalance can make it difficult for the less powerful party to feel heard or to negotiate effectively. Mediators must be aware of these dynamics and take steps to level the playing field. This could involve:
- Ensuring both parties have adequate time to speak without interruption.
- Providing information or resources to the less powerful party if appropriate and agreed upon.
- Using private meetings (caucuses) to allow the less powerful party to express concerns more freely.
- Gently challenging assumptions or tactics that exploit a power difference.
- Reality-testing proposals to ensure they are fair and reasonable, not just a result of coercion.
It’s important to remember that consensus building aims for a mutually acceptable agreement. If one party feels coerced or unable to participate fully due to a power disparity, the resulting agreement may not be sustainable or truly consensual.
When Consensus May Not Be Appropriate
While consensus is often the ideal, it’s not always the right path. There are situations where the adversarial nature of other dispute resolution methods might be more suitable, or where consensus simply isn’t feasible. These can include:
- Cases involving significant domestic violence or abuse: The safety and well-being of a party must be the priority, and mediation might not be safe or appropriate without extensive safeguards.
- Situations where one party is unwilling to participate in good faith: If someone is only attending to delay or obstruct, consensus is unlikely.
- Matters requiring a definitive legal ruling: Some disputes need a judge or arbitrator to make a binding decision based on law.
- When there’s a severe lack of trust or willingness to communicate: If parties are completely entrenched and unable to engage constructively, other methods might be necessary.
Cultural Considerations in Agreement
Culture significantly shapes how people communicate, perceive conflict, and approach agreement. What might be considered direct and efficient in one culture could be seen as rude in another. Similarly, concepts of time, hierarchy, and the importance of relationships can vary widely. A mediator needs to be sensitive to these differences. This means:
- Being aware of potential communication style differences.
- Understanding that decision-making processes might differ (e.g., involving extended family or community elders).
- Avoiding assumptions based on one’s own cultural norms.
- Asking clarifying questions to ensure understanding across cultural divides.
Failing to consider cultural nuances can lead to misunderstandings, mistrust, and ultimately, an agreement that doesn’t truly work for everyone involved.
Formalizing Consensus Agreements
So, you’ve gone through the whole consensus process, talked things out, and actually reached an agreement. That’s fantastic! But what happens now? You can’t just shake hands and walk away, hoping everyone remembers what was decided. You need to put it all down on paper. This is where formalizing the agreement comes in, and it’s a pretty important step.
Drafting Settlement Agreements
A settlement agreement is basically the final document that spells out exactly what everyone has agreed to. Think of it as the "happily ever after" of your mediation. It needs to be clear, specific, and cover all the points you discussed and agreed upon. If you’re dealing with something like a divorce or a business dispute, this document can get pretty detailed. It’s not just about saying "we agree," but how you agree. This might include things like payment schedules, responsibilities, timelines, and what happens if someone doesn’t follow through. Getting this right means fewer headaches down the road.
Understanding Memorandums of Understanding
Sometimes, especially in more complex situations or when you’re not quite ready for a fully legally binding document, you might use a Memorandum of Understanding (MOU). An MOU is a bit like a preliminary agreement. It outlines the main points everyone agrees on and the intentions moving forward. It’s often used in business or community projects. While it might not be as legally ironclad as a full settlement agreement, it shows a strong commitment and provides a roadmap. It’s a way to solidify the understanding before diving into the nitty-gritty legal language.
Ensuring Enforceability of Outcomes
What’s the point of an agreement if no one has to stick to it? That’s where enforceability comes in. You want to make sure that the agreement you’ve worked so hard to reach can actually be put into action. This often means making sure the language is precise and that the agreement meets any legal requirements for contracts in your area. Sometimes, agreements need to be filed with a court or have specific clauses that make them legally binding. It’s about having a mechanism to ensure that promises made are promises kept.
Defining Next Steps Post-Agreement
Reaching an agreement is a big win, but the process doesn’t always end the moment you sign the papers. What happens next? This section is all about figuring out the practical steps. Who does what, by when? Are there any follow-up meetings needed? Is there a specific process for checking in on progress? Clearly defining these next steps helps to make the agreement a living document that actually gets implemented. It’s the bridge between agreeing and doing, making sure the resolution sticks.
Comparing Consensus Methods
When you’re trying to sort out a disagreement, there are a bunch of ways to go about it. Consensus building, often seen through mediation, is just one path. It’s good to know how it stacks up against other common methods like arbitration, litigation, and even just plain old negotiation. Each has its own vibe and works best in different situations.
Consensus Versus Arbitration
Think of arbitration like a private judge. You present your case, and the arbitrator makes a decision. It’s usually binding, meaning you have to go with what they decide. This can be faster and less formal than court, but you give up control over the final outcome. Consensus, on the other hand, is all about the parties themselves coming to an agreement with a facilitator’s help. The key difference is who makes the final call: the parties in consensus, or the arbitrator in arbitration.
| Feature | Consensus (Mediation) | Arbitration |
|---|---|---|
| Decision Maker | Parties | Arbitrator |
| Outcome Control | High (Parties decide) | Low (Arbitrator decides) |
| Process Nature | Collaborative | Adversarial (to a degree) |
| Relationship Focus | Often preserved | May be strained |
| Formality | Less formal | More formal than mediation |
Consensus Versus Litigation
Litigation is the formal court process. It’s often lengthy, expensive, and can really damage relationships. Lawyers argue, evidence is presented, and a judge or jury decides. It’s designed to determine legal rights and wrongs, but it’s rarely a win-win situation. Consensus, by contrast, aims for a mutually agreeable solution. It’s about finding common ground and addressing underlying needs, not just legal positions. While litigation is about winning or losing, consensus is about finding a workable solution for everyone involved.
Litigation often feels like a battle where one side must lose for the other to win. Consensus, however, seeks to create solutions where both sides feel their needs have been met, even if it requires creative thinking and compromise.
Consensus Versus Traditional Negotiation
Negotiation is what most people do when they disagree – talking it out to reach a deal. It can be effective, but it can also get stuck if communication breaks down or if one party feels they have more power. Consensus building, through methods like mediation, adds a neutral third party. This facilitator doesn’t take sides but helps manage the conversation, ensures everyone is heard, and guides the process toward a resolution. This neutral facilitation can be incredibly helpful when direct negotiation gets tough, especially in complex or emotionally charged situations. It provides structure and support that might be missing in a one-on-one negotiation.
- Structure: Consensus processes often have a defined structure and stages. Traditional negotiation can be more free-flowing.
- Neutrality: Consensus typically involves a neutral facilitator; traditional negotiation does not.
- Focus: While both aim for agreement, consensus often emphasizes underlying interests more explicitly.
- Power Dynamics: A facilitator in a consensus process can help balance power dynamics, which might be more pronounced in direct negotiation.
Tools And Resources For Consensus
Sometimes, you just need a little help to get things done, right? When you’re working towards an agreement, having the right tools can make a big difference. It’s not about making it easier, but about making the process clearer and more organized. Think of it like having a good map when you’re going somewhere new.
Utilizing Sample Agreement Templates
Looking at examples of agreements can be super helpful. You can see how others have put their agreements into words, which might give you ideas for your own. These templates aren’t meant to be copied exactly, of course. Every situation is different. But they show you the kinds of things that usually go into an agreement, like who is responsible for what and by when. It’s a good way to get a feel for the structure and the language used.
Leveraging Preparation Checklists
Before you even sit down to talk, getting ready is key. Checklists are great for this. They help you think about all the things you need to consider. Did you bring all the necessary documents? Have you thought about what you really want to get out of the discussion? A checklist can remind you of these important steps, so you don’t forget anything crucial. It helps make sure you’re not caught off guard.
Frequently Asked Questions About Consensus
It’s normal to have questions when you’re going through a process like this. A good FAQ section can answer a lot of those common queries. You might wonder about confidentiality, what happens if you can’t agree on something, or what the mediator’s role really is. Having these questions answered upfront can clear up confusion and make you feel more comfortable with the whole thing. It’s like having a quick reference guide.
Glossary Of Key Terminology
Sometimes, the language used in discussions about agreements can be a bit confusing. There might be specific terms that pop up, and knowing what they mean is important. A glossary is basically a dictionary for the topic. It defines terms like ‘mediation,’ ‘arbitration,’ ‘settlement agreement,’ and ‘caucus.’ Understanding these words helps you follow along better and participate more effectively. Knowing the lingo helps everyone speak the same language.
Moving Forward with Agreement
So, we’ve talked about a lot of ways to get people to agree. It’s not always easy, and sometimes it feels like you’re just going in circles. But by using some of the strategies we covered, like really listening to what others are saying and trying to understand their point of view, you can make real progress. Remember, the goal isn’t always to ‘win’ an argument, but to find a way forward that works for everyone involved. It takes practice, and sometimes a bit of patience, but building that skill to reach agreements is pretty important for just about everything we do.
Frequently Asked Questions
What exactly is consensus building?
Think of consensus building as a way for people to talk things out and reach an agreement that everyone can live with. It’s like a team project where everyone gets a say, and the goal is to find a solution that works for the whole group, not just one person.
Why is having a neutral person, like a mediator, so important?
A neutral person, or mediator, is like a referee in a game. They don’t pick sides. Their job is to help everyone communicate clearly, understand each other’s viewpoints, and guide the conversation so it stays focused on finding solutions, not just arguing.
Is mediation the same as going to court?
Not at all! Going to court is usually a fight where a judge decides who’s right or wrong. Mediation is more like a cooperative chat where you and the other person(s) work together with a helper to figure things out. You’re in charge of the final decision, not a judge.
What does ‘self-determination’ mean in mediation?
Self-determination means you get to make your own choices. In mediation, it’s your decision what you agree to. Nobody can force you to accept a deal you’re not comfortable with. You have the power to decide the outcome.
What if someone in the discussion gets really angry or upset?
That happens sometimes! A good mediator knows how to handle strong feelings. They can help calm things down, make sure everyone feels heard, and guide the conversation back to being productive. It’s about managing emotions so they don’t stop progress.
Do I need a lawyer to go to mediation?
You don’t always need a lawyer, but you can bring one if you want! Sometimes, having a lawyer can help you understand the legal stuff. It really depends on the situation and what makes you feel most comfortable and prepared.
What happens if we reach an agreement in mediation?
If you reach an agreement, it’s usually written down. This paper explains what everyone has agreed to do. Depending on the situation, it might be a formal contract that’s legally binding, meaning everyone has to follow through.
Can mediation help with family problems, like divorce?
Yes, absolutely! Mediation is used a lot for family matters like divorce, child custody, or disagreements between family members. It’s often a gentler way to sort out these sensitive issues compared to going through the courts.