here are many ways to resolve
conflicts - surrendering, running away, overpowering your opponent with
violence, filing a lawsuit, etc. The movement toward Alternative Dispute
Resolution (ADR), sometimes referred to simply as conflict resolution, grew out
of the belief that there are better options than using violence or going to
court. Today, the terms ADR and conflict resolution are used somewhat
interchangeably and refer to a wide range of processes that encourage nonviolent
dispute resolution outside of the traditional court system. The field of
conflict resolution also includes efforts in schools and communities to reduce
violence and bullying and help young people develop communication and
problem-solving skills. Common forms of conflict resolution
include:- Negotiation is a discussion among two or more people with the goal of reaching
an agreement.
- Mediation is a voluntary and confidential process in which a neutral
third-party facilitator helps people discuss difficult issues and negotiate an
agreement. Basic steps in the process include gathering information, framing the
issues, developing options, negotiating, and formalizing agreements. Parties in
mediation create their own solutions and the mediator does not have any
decision-making power over the outcome.
- Arbitration is a process in which a
third-party neutral, after reviewing evidence and listening to arguments from
both sides, issues a decision to settle the case. Arbitration is often used in
commercial and labor/management disputes.
- Mediation-Arbitration is a hybrid
that combines both of the above processes. Prior to the session, the disputing
parties agree to try mediation first, but give the neutral third party the
authority to make a decision if mediation is not
successful.
- Early Neutral
Evaluation involves using a court-appointed
attorney to review a case before it goes to trial. The attorney reviews the
merits of the case and encourages the parties to attempt resolution. If there is
no resolution, the attorney informs the disputants about how to proceed with
litigation and gives an opinion on the likely outcome if the case goes to
trial.
- Community Conferencing
is a structured conversation involving all members
of a community (offenders, victims, family, friends, etc.) who have been
affected by a dispute or a crime. Using a script, the facilitator invites people
to express how they were affected and how they wish to address and repair the
harm that resulted.
- Collaborative
Law refers to a process for solving disputes in
which the attorneys commit to reaching a settlement without using
litigation.
- Negotiated
Rulemaking is a collaborative process in which
government agencies seek input from a variety of stakeholders before issuing a
new rule.
- Peer Mediation refers to a process in which young people act as mediators to help resolve disputes among their peers. The student mediators are trained and supervised by a teacher or other adult.
- Negotiation is a discussion among two or more people with the goal of reaching
an agreement.
Source: Association for Conflict Resolution
