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Alternative Dispute Resolution: Mediation & Arbitration As Alternatives to Litigation - Essay Example

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Mediation & Arbitration as Alternatives to Litigation Name Institution Parties of opposing parties have many methods in which they can solve the dispute they are encountering. The various different methods in which a dispute can be under resolution are known as alternative dispute resolution methods (A.D.R)…
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Alternative Dispute Resolution: Mediation & Arbitration As Alternatives to Litigation
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Alternative Dispute Resolution: Mediation & Arbitration As Alternatives to Litigation

Download file to see previous pages... In alternative dispute resolution, the principals are the parties in conflict and the best method of resolving the conflict is the key. In this case, the manner of the conflict is under careful consideration and the best method alternative to litigation is taken into use. Although, not all cases require a different resolution method, in some cases litigation is the best method due to the authority involved in the final decision. Peaceful coexistence requires a lack of bias or favor for any particular party. In a conflict, the resolution depends on the feelings of both parties at the end of the conflict; alternative dispute resolution achieves the goal that both parties feel satisfied with the outcome of the resolution. Several methods may be used in trying to resolve conflicts they include; arbitration, negotiation and mediation. In this study, mediation and arbitration are the only methods taken into consideration as the ADR methods. Negotiation is also important and actually, the best method for two conflicting parties but it has some limitations. ...
The result of such a biased negotiation is a far more complex conflict and further mistrust among the parties. Mediation In regards to resolving conflicts, this is method is preferred to other methods due to the simplicity of its structure in conflict resolution. Like negotiation, mediation employs the same structure where the conflicting parties get a sit-down in the same room to discuss what to compromise. The difference between negotiation and mediation is that in mediation, there is a neutral third party involved. The third party acts as the referee and chooses the best resolution for the parties. Normally, the neutral third party is someone both conflicting parties respect. They seek to accept the decision he makes with the belief that he will be unbiased and impartial (Cheldelin, Druckman & Fast, 2008). The conclusion of the process of mediation comes to an end when a consensual agreement is arrived at; the mediator’s role as noted is not to offer the decision or the agreement for the two parties. The mediator acts as a guide for the conflicting parties and offering advice on possible resolution methods. By doing this, mediation is more outstanding as opposed to negotiation since the mediator while guiding the conflicting parties is able to uncover any underlying interests. The mediator therefore helps each party to formulate a resolution which averts any future conflicts over a long period since both parties get satisfactory handling to the fullest extent possible. As any type of dispute resolution should start, mediation kicks off by evaluating all the relevant issues and facts in the dispute and tries to determine what the parties in the dispute hope to achieve ...Download file to see next pagesRead More
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