Dispute Resolution Processes Term paper

While the free essays can give you inspiration for writing, they cannot be used 'as is' because they will not meet your assignment's requirements. If you are in a time crunch, then you need a custom written term paper on your subject (dispute resolution processes)
Here you can hire an independent writer/researcher to custom write you an authentic essay to your specifications that will pass any plagiarism test (e.g. Turnitin). Waste no more time!

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 settlement options that are satisfactory for all concerned. In mediation, the neutral third party facilitates negotiation between the parties, assisting them towards resolution. The mediator may not render a decision.

Arbitration

In arbitration, a neutral third party is empowered by the parties to decide the outcome of a dispute. Of all the methods of alternative dispute resolution, arbitration most closely resembles standard legal proceedings.

There are two types of arbitration: binding and non-binding. In binding arbitration, the parties agree to waive their right to go to court for a judicial decision. In non-binding arbitration, the parties have the discretion to abide by the arbitrator's decision.

Other Dispute Resolution Processes

There is a spectrum of dispute resolution processes, ranging from informal discussion to formal adjudication. The concept behind the development of alternative dispute resolution, or "ADR," is that the traditional adjudicatory model of dispute resolution is not always the best approach. Rather, the concept has developed that "the forum should fit the fuss," and not vice versa.

With time, ADR has come to have a new meaning, "appropriate dispute resolution." In light of the rapid growth of collaborative negotiation, mediation and other settlement processes, there is, in fact, nothing alternative at all about ADR today. We are finding collaborative negotiation and mediation processes adopted with increasing frequency in legal, governmental, business and family matters.

There are no limits to the types of dispute resolution processes that can be utilized. When it comes to settlement processing, "anything goes," both in terms of the process of reaching resolution and content of any resolution. The only key is that the parties (and assisting professionals) understand and agree to the same process. This concept of "informed consent to the process" permeates the ADR movement. Also common to the ADR processes is the concept of creating a settlement event, some shared experience that increases the likelihood of resolution.

All ADR processes have the following desirable impacts:

A. They motivate the parties and any representatives to fasten their attention to the case and prepare for resolution;

B. The parties have "their day in court," a "hearing" in which they have the opportunity to present their perspectives on the situation and their sense of a "fair" resolution;

C. Often for the first time, the parties have the opportunity to experience a capable presentation of the other side's case;

D. The parties have a window of opportunity to identify common interests and points of agreement, and the opportunity to fashion mutually acceptable settlement options to disputed issues.

The ADR processes differ in their formality and placement of decision-making power. If the process is mediation, the decision-making power will reside at all times with the parties. In adjudication and arbitration, the decision-making power lies with the third-party neutral.

The ADR...

You should cite this paper as follows:

MLA Style
. EssayMania.com. Retrieved on 25 May, 2012 from
    <http://essaymania.com/96233/dispute-resolution-processes>

More College Papers

Discussions On The Scared Straight Program essay
The recent media obsession with the scared straight program, juvenile boot camps and other scare tactics has lead to the question as to whether they actually are beneficial or not in treating adolescent criminal recidivism. On television programs like Maury (Pauvich) the answer to treating the troub

Ad And Ego essay
The Ad and the Ego Students will never look at an ad the same way again after screening The Ad and the Ego, the first comprehensive examination of advertising and our culture of consumption. The film artfully intercuts clips from hundreds of familiar television ads with insights from Stuart Ewen

Discourse Analysis essay
DISCOURSE ANALYSIS This discourse analysis attempts to answer several questions regarding Chairman Hyde’s speech against the president. Firstly an attempt has been made to uncover some of the more prevalent themes and discourses in the hope that they will give some kind of enlightenment of Am