Dispute Resolution Processes Essay - 1240 Words

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 isnt that they cant see the solution. It is that they cant 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†¦show more content†¦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 arbitrators 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 disputeShow MoreRelated Dispute Resolution Processes2482 Words   |  10 Pagesappropriate to attempt alternative dispute resolution (ADR) processes for disputes and conversely when it is fitting for matters to be decided in a courtroom with black-robed judges and well dressed lawyers. Complementing the correct ‘intervention [courtroom, facilitative ADR or another form of ADR] at the right time, price and place with the right disputants’ is not necessarily an easy task (Wade 2010, p. 13) and the line separating alternative dispute resolution processes and judicial intervention canRead MoreAlternative Dispute Resolution Processes971 Words   |  4 Pagesat all clear that informal processes like ADR may be a disadvantage to minority groups any more than formal processes like settlement . Formality may influence people to be on the right side of the law and play by the book, it risks imposing its own obstacles to ‘justice’. The concept of justice is essential to ADR processes. In the framework of ADR, the concept of justice involves the consent of the parties to play an active role in the resolution of their disputes; to assert some degree of controlRead MoreDispute Resolution and Non-adjudicative Processes921 Words   |  4 Pagesyour sewerage pipes. On the other hand you have often taken the fruit from your neighbour’s tree. At a Christmas gathering gone wrong, you both threaten to sue each other. In this dispute, using non-adjudicative processes by Mediation or by using adjudicative processes by litigation can solve the case as the dispute is between two neighbours. The following are the advantages and disadvantages of mediation (Goldberg, Green amp; Sander 1985) and litigation (Levin amp; Golash 1985). Advantages ofRead MoreAlternative Dispute Resolution And Some Of Its Processes900 Words   |  4 PagesIn resolving a dispute, several factors have to be considered. Factors such as the nature of the conflict, the role of the parties resolving the dispute, the rights and interests of the parties and the procedures used to resolve the dispute.The court system is an unpleasant means of dispute resolution when it comes to civil or domestic issues.When resolving such issues, alternative means should be consulted. The first part of this paper will look at Alternative Dispute Resolution and some of itsRead MoreDiscuss the Processes Available in Alternative Dispute Resolution1469 Words   |  6 PagesDiscuss the processes available in alternative dispute resolution and explain its advantages and disadvantages Alternative Dispute Resolution Alternative Dispute Resolution (ADR) includes methods of processes and techniques that are used to resolve disputes or disagreements outside the jurisdiction of the law. As explained by Paul Latimer (p 51 of the Australian Business Law CCH Handbook 2006) The Alternative Dispute Resolution Association of Australia has defined ADR as meaning  ¡Ã‚ §dispute resolutionRead MoreDispute Resolution : Resolving And Managing Legal Disputes779 Words   |  4 PagesDispute Resolution Processes: Resolving and Managing legal disputes The Spectrum of Dispute Resolution Processes It is important to understand the basic nature of dispute resolution processes and how they relate to one another. Whilst dispute resolution as a whole is complicated to define, the Spectrum of Dispute Resolution visually displays the six main processes from their ability to resolve conflict to their ability to resolve a dispute. Walking away, negotiation and mediation fall on theRead MoreThe Construction Industry Has The Unenviable Reputation Of Being Adversarial And Dispute Prone1652 Words   |  7 PagesI INTRODUCTION The construction industry has the unenviable reputation of being adversarial and dispute prone. This is attributable to the scope, scale, duration and complexity of projects, which can lead to differences of opinion on complex technical, factual and legal issues. If not resolved quickly, these differences of opinion can lead to expensive and drawn out disputes. The competitive nature of the industry, low profit margins and commercial pressures when progress payments are late,Read MoreMediation in Community Policing Strategy1699 Words   |  7 PagesSocial processes can be shape in the form of processes that are combining (associative processes) and processes that are divorcing (dissociative processes). Its aimed at the realization of associative values such as social justice, love, harmony, solidarity. In contrary the dissosiatif social processes that are leading to the creation of negative values or asocial, such as hatred, hostility, selfishness, arrogance, conflict, division an d so on. Furthermore the associative social processes can beRead MoreThe World Monotheistic Religions Of Islam, Christianity, And Judaism981 Words   |  4 Pagesdo share this imperative about loving God/Allah with all the mind, heart, soul, and strength, and love one’s neighbor as oneself, which do indeed run contrary to the adversarial processes of managing conflict in the American legal system. It is evident in a litigation situation in a courtroom or in a dispute resolution forum, may it be negotiation, mediation, or arbitration, the two parties locked in argument, debate, and discussion are not applying this principle of unconditional love requiredRead More Workplace Observation Essay1143 Words   |  5 Pagesinformation. The last type of communication would be our intranet site for our employees and our Internet site, (www.exeloncorp.com) for our customers. Both sites contain pertinent information to either assist our employees with information on HR issues, processe s and procedures and other types of information and our customers site address our services we offer and information about our company Culture   Ã‚  Ã‚  Ã‚  Ã‚  Our company culture focus is on safety. This is an initiative in which we strive to have an event