By David Baron
Alternative dispute resolution is often described as being characterized by informality, flexibility and control of a dispute by the parties involved. These characteristics present themselves in different ADR techniques based on the influence the third party shows regarding the outcome and process.
The goals are to participate in a fair process, the support of a mutually satisfying and creative outcome, the enhancement of a parties’ relationship and for all parties to retain their dignity.
Alternative Dispute Resolution
Alternative dispute resolution differs from traditional methods pertaining to administrative adjudication, court litigation and conflicts. The latter does not involve shared decision making only consideration and solicitation of public input. This is achieved by combining traditional procedures with ADR techniques.
Dispute resolution consists of unassisted negotiations on one side and litigation on the other. Alternative dispute resolution techniques resolve controversial issues including arbitration, mini-trials, finding facts, mediation, facilitation and conciliation.
Assisted negotiations bring parties together and aid in resolving differences. The decision remains in the hands of the parties. Assisted negotiations facilitate the advisory process. The parties create their solutions rather than an outsider.
Disputes are a conflict of interests. They are the needs, desires, fears and concerns of the parties. The negotiation satisfies their interests. The negotiation finds a fair agreement to the dispute. This meets all interests including that of the community.
This establishes communication between the parties in dispute. Misperceptions are clarified and strong emotions are handled. Openness between parties is promoted. This is used with numerous mechanisms as a convening stage.
Mediation negotiates between the parties. This established communication. The mediator cannot make decisions and breaks impasses. Available settlement options are expanded and encouraged. For questions regarding any type of ADR, setting up a consultation with Palm Springs alternative dispute resolution services is advised.