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.
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.
We are adding Information, Tips, Sources and Pictures almost daily. We are doing
our best to ultimately make All-Things-Conflict-Resolution-and-ADR.com the one
place to go for all your conflict resolution & ADR needs.
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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
