Comprehensive conflict resolution & ADR tools to make an informed choice

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Conflict is a fact of life, no one is immune. Conflict is not necessarily bad or destructive. Conflicts are great catalysts for growth, agents of change and can be a positive force. The key question is: How do we respond when we are confronted? Without any governing principles or guidelines people will fight in ways that lead to chaos and emotional pain. We then sow the seeds for further discord by fighting improperly. If we can pre-decide the rules of engagement, we have a much better chance of containing the negative outcomes and promoting the positive ones.

A Short History of Conflict Resolution

Conflict resolution is the process of attempting to resolve a dispute. War, or on a smaller scale, infighting was the earliest and most common method of conflict resolution for centuries. With the advent of civilization, war's younger brother,litigation, became the resolution tool of choice. Then, at the beginning of the Cold War (1950�s and 1960�s) with the development of nuclear weapons and their threat to human survival, a group of pioneers from different disciplines saw the value of studying conflict, as a separate discipline, whether in international relations or in families. They saw the potential of applying developing approaches in fields as disparate as social psychology, industrial relations and systems conflict theory. After initial resistance, their ideas and findings began to be accepted and the field of conflict resolution grew and spread during the 1970�s and 1980�s.

The Rise of Alternative Dispute Resolution

Alternative Dispute Resolution, or ADR, includes dispute resolution processes and techniques that fall outside of the traditional and more formal government judicial process. In essence, simple, practical peacemaking tools for everyday life. In the 1980�s, business firms, searching for faster, cost efficient ways to resolve disputes turned first to arbitration, and, later, mediation, for the enforcement of contracts. A new body of case law followed.

In the 1990�s a series of federal laws such as the Alternative Dispute Resolution Act of 1998 extended and sanctioned the process throughout the federal government. The Uniform Mediation Act, drafted by the National Conference of Commissioners on Uniform State Laws, and approved by the Cnference in 2001, has been adopted in eight jurisdictions and proposed in four more. Court related ADR programs now exist in 149 federal district courts, 13 federal appellate courts, and 65 state courts, including 44 state-wide programs.

Understanding ADR

ADR is generally classified into, at least, four subtypes: negotiation, mediation, and collaborative law, which are consensual processes in which the parties control the outcome; and arbitration, which is adjudicative in that a third party decides the case.

In Negotiation participation is voluntary and there is no third party who facilitates or imposes a resolution. Negotiation can be the traditional model of hard bargaining where the interests of a group outweigh the working relationships concerned in the dispute. Or it can involve the �principled� negotiation model where both interests and the working relationships are viewed as important. Often intangible goals play a part in the success of the negotiation. For more see All Things Negotiation.

Mediation involves a third party �mediator who facilitates (and may ever suggest a resolution). It is the fastest growing ADR method. Mediation depends on the commitment of the parties to resolve their own dispute, the mediator never imposes a resolution on the parties. Unlike litigation, which focuses on the past, mediation looks to the future, which appeals to parties with an ongoing relationship.

The mediator�s job is to keep the parties talking and help them move through the difficult points of contention. Mediation�s inherent flexibility permits the parties to design and retain control of the process. An additional advantage � when the parties reach agreement it�s over, no appeals, delays or continuing expense. If mediation arises from a court related dispute and the mediated agreement is filed with the court to end the dispute, the agreement can be enforced through the courts. For more information see All Things Mediation.

In Collaborative Law, most often, Collaborative Law Divorce, each party has an attorney who facilitates the resolution process within specified contractual terms. Again no resolution is imposed. The parties reach agreement with the support of their attorneys, specifically trained in collaborative law processes and mutually agreed upon experts. For more information see All Things Collaborative Divorce.

Arbitration is voluntary and includes a third party who acts as a private judge. It most closely resembles litigation in that the neutral third party imposes a final, binding solution. Generally the parties agree to arbitration before a dispute arises and in that agreement they mutually decide who will hear the case.

An arbitrated decision, like a mediated agreement, will generally end the dispute. Although parties can appeal the outcome, the appeal faces a tough standard of review. Final, binding arbitration has long been used in labor-management disputes, allowing the parties to keep working by providing an alternative to strikes and lockouts. For more information see All Things Arbitration.

All of these techniques often help resolve disputes faster, more economically, and with greater privacy than litigation. Many people prefer ADR approaches because they see them as more creative and focused on problem solving rather than assigning culpability. ADR has gained widespread acceptance among the general population and the legal profession in recent years both in the U.S. and the world.

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A partial list of what You can find here Online Now

Here�s just a quick look at some of the Tips, Tools, and Techniques you�ll find on this web site. Click on any of the links that interest you.

All Things ADR.

Interests, Rights, and Power

All Things Arbitration

All Things Debt Arbitration and Settlement

All Things Binding Mandatory Arbitration

Fair Debt Collection Practices Act

Debt and Credit Card Resources

Collaborative Divorce page.

All Things Collaborative Law Divorce.

All-Things-Do-It-Yourself-Divorce.

All Things Divorce Mediation.

Divorce Resource Links.

Understanding Legal Fees.

All Things Conflict Resolution

All Things Dealing with Difficult People.

All Things Groupthink

Cognitive Dissonance and Conflict

Cognitive Dissonance and Conflict Management

Workplace Conflict Resolution

All Things Mediation.

All Things Elder Mediation.

Elder Law Mediation Resources.

Mediate to Settle page

All Things Chatham

Chatham History and Geography

Chatham Light

Chatham Fish Pier

Stage Harbor

Previews of Coming Attractions:

All-Things-Facilitation

All-Things-Negotiation

Children and Divorce: Checking out Parenting Plans

Problem Solving Techniques

The Use of ADR Systems to Address Workplace Conflict

Negotiated Rule Making: Facilitating Public Policy

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