Alternative Dispute Resolution
In today's society, the cost and delays
of resolving conflicts or disputes through litigation and the courts has
increased dramatically. As an alternative, an approach to resolving conflicts or
disputes called Alternative Dispute Resolution has gained considerable
recognition and acceptance among parties involved in conflict
resolution.
The Alternative Dispute Resolution alternatives to litigation
include: negotiation, mediation, and arbitration. In negotiations, the
negotiators' challenge is to get their opponent to agree to give them what they
want. In mediation, the negotiators have the presence of a mediator who assists
the parties in trying to reach agreement with each other. And, in arbitration
the parties' goal is to convince the arbitrator to decide in their favor. These
Alternative Dispute Resolution techniques can be used to resolve any and all
conflicts or disputes.
The advantages of mediation as an Alternative
Dispute Resolution technique is that it is a voluntary process that can be very
flexible and be structured to meet the specific needs of the parties. Parties to
a mediation gain a greater understanding of the issues and are more likely to
reach a mutually agreeable resolution to their conflicts.
An Alternative
Dispute Resolution technique such as mediation is far less stressful and
adversarial than going to court, and the parties' energy is more productively
channeled. And finally, an Alternative Dispute Resolution technique such as
mediation usually saves time, is less costly, and more convenient to the
parties.