Reword this paper in your own words please.

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Alternative Dispute Resolution (ADR)

Viviana Vanrel

Amanda Rice

Cely

Rosalyn Johnson

Tyler Wescott

ETH/321

April 27, 2015

Angela Beetem

Introduction

Alternative Dispute Resolution also known as Appropriate Dispute Resolution is a term used to

describe a way in which disputes are settled without the help/support from courts. This

technique will resolve disputes in a non-confrontational way whereby parties involved will

engage in a negotiation state and come up with a mutually agreed solution to solve their

disputes.

Disputes/ conflicts have existed in all cultures, religions, and societies since time immemorial, as

long as humans have walked the earth. In fact, they also exist in the animal kingdom.

Philosophies and procedures for dealing with conflicts have been part of the human heritage,

differing between cultures and societies. Nations, groups, and individuals have tried throughout

history to manage conflicts in order to minimize the negative and undesirable effects that they

may pose. Conflicts can develop in any situation where people interact, in every situation where

two or more persons, or groups of people, perceive that their interests are opposing, and that

these interests cannot be met to the satisfaction of all the parties involved. Since conflicts a

have become a part of human interaction, one must learn to handle them in a way that will

prevent further disagreement and learn how to come up with best solution, innovative and

creative ideas to resolve them. The ADR “movement” started in the United States in the 1970s

in response to the need to find more efficient and effective alternatives to litigation. Today, ADR

is flourishing throughout the world because it has proven itself, in multiple ways, to be a better

way to resolve disputes.

The various forms of an alternative dispute resolution (ADR)

Alternative dispute resolution has various form which include

Negotiation

Negotiation is a process in which parties to a dispute discuss possible outcomes

directly with each other. Parties exchange proposals and demands, make arguments,

and continue the discussion until a solution is reached, or an impasse declared. In

negotiations there are three approaches to resolving the dispute, each with a

different orientation and focus, interest based, rights based, and power based and

they can result in different outcomes.

Interest Based Negotiation

This approach shifts the focus of the discussion from positions to interests. Because

there are many interests underlying any position, a discussion based on interests

opens up a range of possibilities and creative options, whereas positions very often

cannot be reconciled and may therefore lead to a dead end. The dialogue on interest

should be transparent, in order for the parties to arrive at an agreement that will

satisfy the needs and interests of the parties.

Rights Based Negotiation

When negotiations between parties fail, the parties may then attempt to resort to

What they consider to be their rights. This means appealing to the court (local,

National, or international) and will result in a legal process in which the law is the

dominant feature.

Power Based Negotiation

Resorting to threat or even violence as a way of communication for the purpose of

persuasion is called power based negotiation (for example, the posture of the

Americans in the Cuban missile crisis). Rights based and power based approaches

are used at times when parties cannot or are not willing to resolve their issues

through interest based negotiation.

Mediation

Mediation is a process that employs a impartial person or persons to facilitate

Negotiation between the parties to a dispute in an effort to reach a mutually accepted

resolution. Mediation is a process close in its premises to negotiation: “mediation is

an assisted and facilitated negotiation carried out by a third party” (Goldberg,

1992). the mediators, who are hired, appointed, or volunteer to help in managing the

Process, should have no direct interest in the conflict and its outcome, and no power

To render a decision. They have control over the process, but not over its outcome.

The mediator’s role is multiple: to help the parties think in new and innovative ways,

to avoid the pitfalls of adopting rigid positions instead of looking after their interests,

to smooth discussions when there is animosity between the parties that renders the

discussions futile, and in general to steer the process away from negative outcomes

and possible breakdown towards joint gains.

Arbitration

This is a process wherein parties to the dispute agree to submit their dispute to a

neutral party, who will decide their case. Arbitration is the closest form to

adjudication. The parties agree on a third neutral party or a panel, to whom they will

present their case. The arbitrator has the power of decision in the dispute. It is a

private and less formal process than litigation in court. There are several varieties of

arbitration; it may be binding or non-binding, and the arbitrator’s decision may be

with or without a written explanation or opinion. The arbitrator meets with the

parties to a dispute, hears presentations from each side, and renders a decision. The

arbitrator will hear the facts and arguments of each side, and render a decision in light

of the relevant laws and procedures.

Mediation, Negotiation and Arbitration are the main forms of alternative dispute resolution, other

forms will include: Peer Review, Fact Finding, Summary Jury Trial, Early Neutral Evaluation,

and, Facilitation.

Develop an ADR clause that might be used by a Learning Team to resolve disagreements among members using one of the forms you discussed. This has to be an actual written clause.

A learning team should negotiate and consult at good will keeping in mind the mutual interest

of the team and achieve a successful resolution (Bawden,2002).If the learning team is unable to

make a resolution in 5 day a mediator is referred to solve the dispute. If mediation fails to solve

the dispute members agree on arbitration (Jennings,2006 ).Learning team agree on the date of

mediation or arbitration when it will take place and time and full participation of members

learning.

The team members decide to us the college student leader as the administrators of disputes that

arise using mediations or arbitration where necessary (Townsend 2003).Decisions agreed upon

by members will be final. Agreement made are governed, interpreted according to policies of the

college.

Identify all provisions and information necessary to enable the ADR to occur and function effectively.

Adequate Political Support

Different kinds of ADR programs require support from different constituencies.

Community based programs will need at least the support of the beneficiaries and the

local community leaders in which the programs will operate. The local community

leaders will also be important sources for design information and mediator or arbitrator

nominations. They will also be influential in lending prestige to the program and

supporting community enforcement of settlements. Their support is almost always

critical for success.

Supportive Cultural Norms

For ADR programs to be successful, the cultural norms of the community should support

the concept of informal dispute settlement. The absence of cultural norms which support

informal third party dispute resolution should not automatically eliminate consideration

of ADR programs.

Adequate Human Resources

Adequate numbers of well-qualified and well-supervised ADR staff are essential to

program success. Evidence from the U.S. suggests that the quality of ADR staff is much

more important to participant satisfaction with ADR outcomes than ADR's cost, the time

it takes, or its specific procedures (Rosenberg and Folberg, 1994).

Adequate financial resources

ADR programs are inexpensive for the state as well as the disputants. Many programs

operate with volunteer mediators, and few have burdensome requirements for

documentation or administration. Nevertheless, in some developing countries,

governments have not allocated enough financial resources to pay for program

administration, and/or have not trained enough volunteer mediators to make mediation a

reasonably small time commitment for volunteers.

Conclusion

ADR can serve as useful vehicles for promoting many rules of law and other

development objectives. When ADR are undertaken under appropriate conditions, it can

support court reform, improve on access to justice and reduce disputant satisfaction on

conflict resolution. If you become in a dispute you should give serious consideration to

whether or not it is suitable for some form of ADR and if so the best moment to try to

initiate an appropriate process. If you are involved in a negotiating situation you should

consider including an ADR clause.

References

Bawden,D(2009) Making Alternative Dispute Resolution pg90

Jenning s M(2006). Managing Dispute Alternative Resolution and Litigation

Strategies

http://www.eeoc.gov/federal/adr/typesofadr.cfm

http://www.academia.edu/4371674/origin of alternative dispute resolution system in India

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