Alternative Dispute Resolution

Name

Course

Institution

Instructor

Date

Alternative Dispute Resolution

ADR (alternative dispute resolution) refers to methods that are adopted in seeking for solutions on legal disputes without use of litigation but by adopting such means as the negotiation, arbitration as well as mediation (Anon, 68-76). Among other legal disputes solved through the ADR are disputes on contracts, environment, insurance, security, labor, international trade and technology.

Negotiation:

This method involves the informal interaction between disputing parties with an intention of settling on the disputes and may involve a lawyer or not. It is to be noted that this process does not acknowledge the involvement of a third party (even neutral such as a judge or a jury). Two main approaches involved in negotiation are adversarial negotiation as well as problem solving approach. In adversarial approach, the warring parties seek solution through negotiation with a motive of maximizing own gain whereas in problem solving approach, joint gain is sought by parties involved. Though the method is discussed as an independent tool for solving disputes, it is often used before adoption of formal method(s) to solve a dispute and is such a case, negotiation is not perceived as an alternate to litigation processes.

Mediation:

In mediation, unlike the case with negotiation, a neutral person is a characteristic feature and is involved in facilitation of communication between the parties while at the same time offering suggestions to possible ways of solving the dispute at hand. As an expertise, the neutral person chosen (mediator) is often chosen by the consent of the warring parties. The main feature of the process is having the mediator assist each side listen to the other in a dispute. Persuasion is a mandatory character for the mediator in order to have the deliberation on the various solutions sighted and the process is concluded after the parties involved unanimously accept a s.............