Dispute Resolution Processes Essay

Dispute Resolution Processes Essay

Length: 2493 words (7.1 double-spaced pages)

Rating: Term Papers

Open Document

Essay Preview

Introduction
This paper will examine when it is appropriate to attempt alternative dispute resolution (ADR) processes for disputes and conversely when it is fitting for matters to be decided in a courtroom with black-robed judges and well dressed lawyers. Complementing the correct ‘intervention [courtroom, facilitative ADR or another form of ADR] at the right time, price and place with the right disputants’ is not necessarily an easy task (Wade 2010, p. 13) and the line separating alternative dispute resolution processes and judicial intervention can be blurred especially as judicial officers conduct, refer or mandate parties to participate in ADR (Sourdin, 2009, p. 190). Proof that fine panelled courtrooms may not be the answer to dispute settlement is the move towards the ‘mandatory’ use of alternative methods prior to hearings (Ardagh and Cumes, 2007, p. 206).
Do most people with problems want pain relief quickly and inexpensively?
Yes most people in pain want relief quickly and inexpensively but they often want other things too. They want to be heard, they want to heal the hurt and they want a ‘satisfactory [and]… enduring’ outcome (Moore, 2004, p. 2). They also want to change from having ‘a destructive interaction to a constructive one’ (Ardagh, 1999, as cited by Spencer and Hardy, 2009, p. 165).

There are differing views about the suitability of facilitative ADR approaches for various types of conflict. Some believe that this type of ADR is more appropriate for addressing ‘interest disputes than rights disputes’ (Boulle & Nesic, 2001 as cited by Van Gramberg, 2006, p. 121). Van Gramberg states that ‘personal grievances’ may be adequately resolved by facilitative processes but where a law or legal right has been b...


... middle of paper ...


...negotiation or mediation; this case needs a judge: When is litigation the right solution? Mediation Quarterly, Vol. 18, Iss. 3, pp. 259-280. Retrieved 12 December 2010 http://works.bepress.com/john_wade/8/

Wade, J. (2009). Negotiating with Difficult People. Professor John Wade, Faculty of Law, Bond University, August. Retrieved 12 December 2010 from http://epublications.bond.edu.au/drcn/35/

Wade, J. (2010). Matching disputes and responses: How to diagnose causes of conflict, and to respond with appropriate interventions and/or referrals. Law papers. Paper 319. Retrieved 12 December 2010 from http://epublications.bond.edu.au/law_pubs/319

Wilkins, F. (2002, January 18). Disputed territory – mediation and other ADR processes. Lawyers Weekly, pp. 14, 15.

Zehr, H. (1985). Retributive justice, restorative justice, (15 pages). US Office of Criminal Justice.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay on Dispute Resolution Processes

- Dispute Resolution Processes Wherever there is a human-interaction, conflict is virtually unpreventable. For-instance, some conflict may well erupt a dispute in any structure of relationships, and other perhaps resulting in extremely compound international confrontation and hostility. It isn't that they can't see the solution. It is that they can't see the problem (G. K. Chesterton). Consequently, dispute resolution processes have been developed to manage and intervene in these types of disputes....   [tags: Papers]

Term Papers
1248 words (3.6 pages)

Alternative Dispute Resolution ( Adr ) Essay example

- For each of the following scenarios, state whether you believe litigation, ADR, or criminal prosecution is the appropriate response and explain your answer, citing information from the textbook as support for your positions. Adele is a secretary for her company. As part of her responsibilities, she can write checks for the purchase of office supplies. One week, she is short on cash and may not have enough money to buy groceries for herself and her daughter. She writes a check out to herself, intending only to do this once and reimburse the account....   [tags: Dispute resolution, Mediation]

Term Papers
1158 words (3.3 pages)

Essay on The Pros and Cons of Alternative Dispute Resolution

- This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate....   [tags: Alternative Dispute Resolution Essays]

Term Papers
2720 words (7.8 pages)

The Diffences Between the Negotiation and the Mediation Processes Essay

- ... The mediator assist the parties in evaluating advantages and disadvantages for their position and to explore possible options that might have been overlook during the negotiation process. In helping the parties see each other sides of the issues, the mediate try to encourage them to reach an agreement. The mediation process takes time, energy and a desire to work past the issues and problems with the parties and educating them on how to work out problems in the future. Recently, at my place of employment several employees were notified that they would be involuntary moved to another office and location for 120 days....   [tags: agreement, resolution, dispute]

Term Papers
1072 words (3.1 pages)

Alternate Dispute Resolution Essay

- Alternate Dispute Resolution Alternate Dispute Resolution has many benefits serving as a legal substitute for resolving civil disputes. Most courts prefer the proceedings of an ADR as appose to Litigation. In some counties the option of ADR must be analyzed before attempting to initiate the proceedings of litigation. Most district courts along with appeal courts will oversee the negotiations of an ADR. In some circumstances ADRs do not settle well and in those instances the involvement of the courts will resolve the remaining disputes....   [tags: Alternate Dispute Resolution]

Free Essays
1409 words (4 pages)

Dispute Resolution Of Environmental Conflicts : Panacea Or Placebo? Essay

- It can be easy to understand what environmentalists and what Indigenous stakeholders potentially have to gain from mediation but what about the corporations. In, “Dispute Resolution in Environmental Conflicts: Panacea or Placebo?” Jennifer Gerard, explains, “Environmental issues have several distinct characteristics which require high financial and resource commitments. The disputes themselves are becoming increasingly complex, as more scientific knowledge is available, leaving more questions asked and unanswered....   [tags: Dispute resolution, Mediation, Human rights]

Term Papers
1014 words (2.9 pages)

Dispute Resolution Essay

- The McGraw-Hill Companies The McGraw-Hill Companies (McGraw-Hill) is one of the world’s largest producers of textbooks, tests, and related materials, serving the elementary, secondary, and higher education markets. (Hoovers, 2008). McGraw-Hill has various ways in which an employee can resolve workplace issues, including the use of its Employee Hotline and going through the natural progression of communication with managers, supervisors, human resources and McGraw-Hill’s corporate Equal Employment Opportunity department....   [tags: Work Workplace]

Free Essays
888 words (2.5 pages)

Essay on Conflict Resolution Policy Statement : Conflicts

- Conflict Resolution Policy Statement Conflicts arise in all organizations from the small start-up companies to the fortune 500. Whether they range from minor disagreements regarding communication or personal differences between employees, these conflicts are important to all supervisors. Unfortunately, in today’s workplace, these conflicts can escalate to racist or sexist statements, or workplace violent threats or actual violence. These minor conflicts if not resolved, have been known to disrupt employee morale, causing distrust between employees and the company....   [tags: Employment, Dispute resolution]

Term Papers
792 words (2.3 pages)

Advantages and Disadvantages of Alternative Dispute Resolution Essay

- Advantages and Disadvantages of Alternative Dispute Resolution Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried....   [tags: Government Law Legal Judge ADR]

Free Essays
1901 words (5.4 pages)

Essay about alternative dispute resolution

- Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the...   [tags: essays research papers]

Term Papers
1011 words (2.9 pages)