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Dispute Resolution Processes Essay

1425 words - 6 pages

Dispute Resolution Processes

Wherever there is a human-interaction, conflict is virtually unpreventable. For-instance, some conflict may well erupt a dispute in any structure of relationships, and other perhaps resulting in extremely compound international confrontation and hostility.

It isn't that they can't see the solution. It is that they can't see the problem (G. K. Chesterton).

Consequently, dispute resolution processes have been developed to manage and intervene in these types of disputes. The result is a highly diverse field in which conflict mediation professionals and other private nonprofit organization take on a broad array of roles. This research paper defines some of the different roles established in the dispute resolution processes, with an outline to some advantages of employing alternative dispute resolution "ADR".

Mediation

Mediation is one of several approaches to conflict resolution that uses a "third party" intermediary to help the disputing parties resolve their conflict. Unlike arbitration, where the third party actually makes the decision about how the conflict should be resolved, mediators only assist the parties in their efforts to formulate a solution of their own.

The definition of mediation has often created confusion due to the ambiguity of the essence of mediation. Mediation is however used in nearly every area of human interaction.

In some cases, mediation is a more useful and efficient alternative dispute resolution option. This is particularly the case if there is an on-going relationship between the parties (in either a direct or indirect way) and/or there is a relatively small amount of money in controversy. Mediation could be confidential and it allows for any creative settlement options that are satisfactory for all concerned. In mediation, the neutral third party facilitates negotiation between the parties, assisting them towards resolution. The mediator may not render a decision.

Arbitration
In arbitration, a neutral third party is empowered by the parties to decide the outcome of a dispute. Of all the methods of alternative dispute resolution, arbitration most closely resembles standard legal proceedings.

There are two types of arbitration: binding and non-binding. In binding arbitration, the parties agree to waive their right to go to court for a judicial decision. In non-binding arbitration, the parties have the discretion to abide by the arbitrator's decision.

Other Dispute Resolution Processes

There is a spectrum of dispute resolution processes, ranging from informal discussion to formal adjudication. The concept behind the development of alternative dispute resolution, or "ADR," is that the traditional adjudicatory model of dispute resolution is not always the best approach. Rather, the concept has developed that "the forum should fit the fuss," and not vice versa.

With time, ADR has come to have a new meaning, "appropriate dispute resolution." In light...

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