Dispute Resolution Processes

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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 se...

... middle of paper ...

...others with decision-making authority. Following the summarized presentation of evidence and a questioning period, the decision-makers and facilitator will meet for confidential settlement discussions.

Summary Jury Trial - The Summary Jury Trial is another type of mock trial (really a settlement event) using one or more advisory juries. Summary jury trials usually include the abbreviated presentation of complex litigation to advisory juries who then render one or more advisory verdicts for executives with decision-making authority to consider in their settlement discussions, again typically facilitated by an expert advisor or facilitator.

Bibliography:

Conflict: Practices in Management, Settlement, and Resolution. (John Burton and Frank Dukes)

http://www.colorado.edu/conflict/peace/index.html

http://www.mediate.com

http://www.adr.org

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