Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution is a method used to resolve disputes. Human relationships are characterized by disagreements and the role of ADR is to help the parties negotiate and manage tension without using the legal processes. There are different types of ADR but the methods that I found interesting are negotiation and mediation. Negotiation is a process where parties are involved in a conversation without the need for a third party. They may use a lawyer who would build rapport with the parties, ask questions and help the parties create fundamental goals. Mediation is a process where a mediator acts as a third party and assists in negotiation. The mediator discusses the issue in a private session and helps the parties arrive into conclusion (Blake et al, 2016).

            Negotiation and mediation have similar principles in that both methods do not need formal procedural rules but they only need an agreement to settle and solve the issue.  Another similarity is that both methods will require the exchange of information and the parties focus on providing and recording the details and addressing the issue. In addition, lawyers involved in these two cases should show professional and ethical concern (Blake et al, 2016).   Both methods are protected by the legal profession to help the clients solve the issues. 

However, mediation and negotiation have some differences in that in negotiation, there must be lawyers to represents each party. In addition, parties involved in the negotiation process work with one another through a normal communication where they even decide on things like time, place and more (Blake et al, 2016).  On the other hand, mediation is formal as it requires a mediator to decide on things like time and space.  A mediator has an important role as he leads the discussion, manages communication and gives legal advice.  They try to find the underlying concerns and helps the parties search for a resolution (Blake et al, 2016). The mediator is just a third party who tries to create a bilateral relationship between the parties. Even though the lawyer and the mediator may play similar roles in helping the parties each into an agreement,  their differences in that the lawyer has a higher level of control and ensure effective presentation,  offer an effective response,  question effectively and listen effectively. 

Parties may use the mediation process when they need to preserve a relationship. For example, a husband and a wife may divorce due to disagreement and misunderstanding. To solve the differences, they may use mediation since the mediator will help the couples stay in control, foster familial bonds and help them avoid lengthy divorces which may lead to damaging effects.  The important thing is that the mediator will help both parties understand the other and help the parties reach an agreement.

 

 

 

 

 

 

Reference

Blake, S. H., Browne, J., Sime, S., & Oxford University Press. (2016). A practical approach to

alternative dispute resolution. Oxford: Oxford University Press.