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.
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