Law Report Alternative Dispute Resolution ( Adr ) & Acas Services

“A mediator is a third party who assists interested parties in negotiating a conflict. A mediator controls the mediation process but does not have authority to decide the outcome for the parties” (Barsky, 2007). A mediator, in a given situation, helps to dissolve the conflict and looks to the best interest

Negotiation is one of the most common approaches used to make decisions and manage disputes. It is also the major building block for many other alternative dispute resolution procedures.

After hearing from all parties involved in the conflict, participants are sometimes able to come up with a resolution for the problem they are facing

Alternative dispute resolution (ADR) is the term used to describe the resolution of disputes inside or outside the legal system, without formal adjudication. It includes arbitration, mediation, conciliation and negotiation. There are problems associated with going to court. These include the adversarial process used to find a winner and loser, which often creates stress for, and increases the division between litigants. The advantages associated with the use of ADR have prompted a debate whether Parliament should make it compulsory for all litigants to first use ADR before they go to court to seek solutions to their differences.

With facilitative mediation, "the mediator structures a process to assist the parties in reaching a mutually agreeable resolution" (Zumeta, n.d., para. 2). "Facilitative mediators want to ensure that parties come to agreements based on information and understanding" (Zumeta, n.d., para. 3). This type of mediation is best for Denise and Rob because it will allow them the opportunity to learn how they can communicate effectively with one another and work together to resolve conflicts in general. Since they have children together, their ability to communicate and problem solve together is a vital element to their relationship in the future. They will not be able to continue avoiding one another forever, that is why having a mediator help facilitate their communication and show them how they can effectively communicate together is the best way to approach this

Unlike mediation and conciliation, the person who represent you may not be independent, they react aggressively on your behalf and even suggest solution and opinion.

When dealing with issues leading to conflict, it becomes beneficial when you know a person. Once I have set up a relationship with someone, it empowers me and allows me to resolve conflict effectively. For example, when in a conflict with a family member or a co-worker, I have to keep in mind that working together will help solve this conflict. I also think about the length of time the relationship has existed and lastly, how the relationship can be improved. As a conciliator, I try to reconcile the conflict, basically see how both parties can win. As a result, mediating and cooperating is the key to conciliating the

In conclusion the best way to respond to conflict is to remain positive, use a neutral mediator to come to a compromise and learn how to deal with similar situations. Staying positive can help relieve the stresses of conflict. Mediation is one of the best ways to find an outcome that is good for both parties of a conflict. Finally learning from conflicts is important for the growing

ADR “is an umbrella term for processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve issues between them,” and includes processes such as mediation, negotiation, evaluation, case appraisal and arbitration. Provided that such processes are appropriate for the case, ADR processes can provide a range of benefits to potential litigants, including greater affordability than litigation if an outcome is mutually agreed and adhered to. The use of ADR is further encouraged in the Civil Dispute Resolution Act 2011 (Vic). This object of this act is “to ensure that, as far as possible, people take genuine steps to resolve disputes before certain civil proceedings are instituted”. Examples of “genuine steps” taken by the persons involved in the dispute are outlined in s 4 (1)(d) and includes: “Considering whether the dispute could be resolved by a process facilitated by another person, including an alternative dispute resolution process”. As such, it is not recommended that litigation be completely ignored as a method of resolving disputes but

mediation is a give and take between the two parties until both reach a settlement that they find

Mediation is a very popular and cost-effective option increasingly used as an alternative to extensive and costly litigation. A mediator is a neutral third party that has no gain on the results of the agreed commitments of conflicts. Mediators are used to facilitate the conversation and/or negotiation conflicts between parties by motivating them to work out their differences in an organized matter, (Janasz, et al., 2009). It is important to highlight that mediators leave the creation of the solution principally to the disagreeing

One way to solve conflict is to mediate the situation. Mediation means a process by which people seek a solution to a conflict with the help of a neutral outsider. For example, if you are in an

Mediation is the process in which a neutral party assists in negotiation between parties to reach an agreement or resolve. Mediators3 bring both parties together helping them to discover the content issues instead of positions, and help develop ideas so that the interests of both parties are met (Burgess, Burgess, 1998). Unlike adjudication and arbitration, a mediator is not to render any decision, instead their role is to facilitate communication between the conflict parties (Wilmot, Hocker, 2007). Also, unlike adjudication and arbitration, mediation is a collaborative effort in conflict. Initially communication is between the parties and the mediator,

An agreement to mediate future disputes means that the parties want to present their side to a mediator, a third party who is neutral. This mediator’s

 "Effective conflict resolution requires dealing constructively with disagreements rather than pushing them under the rug, letting them break into open warfare, or attempting to eliminate them completely.  Successful resolution of a conflict may include the following: accurate diagnosis of the nature and source of the conflict, a clear understanding of how each party is contributing to the conflict, skills and processes for defining alternatives, constructively negotiating outcomes, and creatively developing win-win resolutions" (Hagberg Consulting Group, 1).