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A Systems Approach to Conflict Management - Term Paper Example

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The paper 'A Systems Approach to Conflict Management' focuses on Alternative Dispute Resolution (ADR) which refers to all the alternative mechanisms or techniques by which individuals and organizations resolve legal issues or disputes without going to a court of law…
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A Systems Approach to Conflict Management
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Download file to see previous pages In clearer terms, ADR refers to the processes of solving disputes outside the judicial process or formal litigation. In fact, the judicial system/process is currently encouraging and requiring conflicting parties to utilize the Alternative Dispute Resolution processes, particularly mediation, prior to taking such cases before a court of law. There are four other main types of Alternative Dispute Resolution namely negotiation, mediation, arbitration, and collaborative law (Lynch, P. 213). In fact, conciliation is also considered a type of Alternative Dispute Resolution.
Except in negotiation, all the other categories of Alternative Dispute Resolution involve the presence of a neutral person who provides fair opinions while facilitating or making the decision in ADR processes. However, the collaborative law processes such as collaborative divorce require both parties to have counsels who are experts at following the details of the contracts or terms involved such issues. Among the disputes or conflicts in which ADR techniques have been particularly useful include family matters such as divorce, professional liability disputes, insurance issues/disputes, and personal injury situations. There are several advantages for which the use of Alternative Dispute Resolution has become prominent in recent times. These advantages include more efficiency, cost-effectiveness, and greater satisfaction for all parties involved. In fact, great deals of civil cases such as marital dissolutions have been settled using Alternative Dispute Resolution techniques (Lynch, P. 213). Due to the recognized effectiveness of ADR as a tool for dispute resolution, judicial systems world over have adopted the practice of providing conflicting parties and their lawyers with information about and the option of ADR, more so in civil cases. This paper explores the concept of Alternative Dispute Resolution with regard to its advantages, disadvantages, categories, structures, and resolution among other aspects of ADR. ...Download file to see next pagesRead More
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