Dispute Resolution : A Conflict Diagnosis Approach

Alternative dispute resolution is a highly effective instrument in resolving conflict and attaining justice for individuals in relation to resource efficiency and timeliness through utilising mediation, conciliation and arbitration. Mediation is an exceptionally efficacious informal process of dispute resolution, usually confidential and conducted with the assistance of an

Dispute always happen when several parties are not able to agree on a common ground. Thus, there are several ways in resolving the dispute such as negotiation, mediation, arbitration or adjudication. The comparison on the procedure of dispute settlement was done under NEC and PSSCOC.

Conflict is “an expressed struggle between at least two interdependent parties who perceive incompatible goals, scarce resources, and interference from others in achieving their goals” (Hocker, 1991). There are two basic types of conflicts: substantive and emotional. According to Schermerhorn et.al., substantive conflict is a fundamental disagreement over ends or goals to be pursued and the means for their

Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.

This report also addresses the dispute resolution process and different steps to solve a the dispute between two parties. Those steps are known as Negotiation, Mediation, Conciliation and Arbitration. Most of these steps require a third party who helps in offering advice or examining the dispute within the workplace or making an agreement for two parties to agree on. There are some disadvantages in the process of these steps and they can end up in a failure to resolve the dispute and if that happens, then the two parties move onto the next step.

Dispute resolution is a term that refers to a number of procedures that can be used to settle a claim. Conflict resolution procedures are alternatives to receiving a court resolve the dispute in a trial. People often have to compensate a large fee just to start the arbitration procedure. If they are able to make an in-person audience, people sometimes have to travel thousands of miles on their own money to attend the arbitration. In the final stage, the loser often pays the company’s legal fees.

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.

A traditional judicial process such as litigation is a settlement of an agreement between the parties involved in a dispute that is heard and decided by the judge and a jury in court. Due to the rising costs of litigation and time delays, businesspersons are turning to alternate dispute resolutions as a way to come to an agreement. Many states and corporations have been experimenting with ADR programs and have found it to be a great alternate. Three types of alternate dispute resolutions are negotiation, mediation, and arbitration. Roger LeRoy Miller, author of “Business Law Today” stated that, “Today, more than 90 percent of cases are settled before trial through some form of ADR” (84). Each process is used differently amongst parties and each has its own benefits. Alternate dispute resolutions tend to have lower costs and the process is much shorter. The use of alternate dispute resolutions is growing at a fast rate because many businesses and corporations find it to be an easier way to come to a settlement. Although alternate dispute resolutions have been recognized for their advantages its still important not to overlook the disadvantages of each.

     Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants;

This paper is to critically discuss two alternative dispute resolution processes, which are the negotiation and mediation. The importance of these two alternative dispute resolution processes is mainly related to various noticeable benefits associated comparing to the traditional litigation process (Ruh, 2015). Specifically, it is to discuss the different strategies for negotiation, which can be applicable to the dispute between Johnny, Sally, and David. Thus, David is to be advised of the most effective and efficient negotiation strategy he should use based on the comparison between different negotiation strategies in terms of respective benefits and drawbacks. In addition, it is also to advise David, Johnny, and Sally regarding the benefits and costs of using a mediator, in the context of the dispute between them.

This paper will examine when it is appropriate 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 can be blurred especially as judicial officers conduct, refer or mandate parties to participate in ADR (Sourdin, 2009, p. 190). Proof that fine panelled courtrooms may not be the answer to

Alternative Dispute Resolution Consider carefully the facts of the case study and advise Eagle Aviation Ltd. and Aircraft Ltd. of the alternatives to litigation in the ordinary courts and the advantages and disadvantages of each alternative form of ADR. This submission will identify and define each form of Alternative Dispute Resolution (ADR) including each of the forms advantages and disadvantages. It will also compare and contrast each form of ADR and consider which form or forms would be beneficial to both Eagle Aviation Ltd and Aircraft Ltd Alternative Dispute Resolution or ADR can be defined as “any method of resolving a legal problem without resorting to the legal process” (Darbyshire, 2001). ADR is now becoming

2) Why do alternative dispute resolution (ADR) experts emphasize the importance of Problem Solving approach in conflict resolutions? Are there weaknesses and/or short coming to this approach?

In straightforward words, Alternative Dispute Resolution is a method for settling debate without receiving formal legitimate strategy of courts. The increasing expense of suit is making conventional techniques illogical for people, corporate area and merchants. In the meantime, polite courts confront multiplied of cases, bringing about postponements for private gatherings to have their cases heard by a Court. In this way, unique style of procedures has been advanced with the changing needs of the general public and they are demonstrating time and cash sparing and also advantageous for the partners.

Alternate dispute resolution (ADR) comprises a variety of approaches to early intervention and dispute resolution (Alternate Dispute, n.d.). Many of these approaches include the usage of trial, negotiation, mediation and arbitration. Based on the case provided, Awang Budiman's lawyers claim that UBD players acted deliberately during their warm up to disrupt the team formation, as Awang Budiman being one of the better strikers of the team. However, the UBD players deny the claims, stated that there was no malice when the ball was kicked during the warm up and allege that Awang Budiman was resting too close to the field when he was accidently hit with the ball. Therefore, in this paper will discuss, compare and evaluate the alternatives methods on resolving disputes that are trial (litigation), negotiation, mediation and arbitration between Awang Budiman, a football player from another local university and the UBD players.