a) ADR (Alternative
Dispute Resolution) is a procedure for settling disputes by means other than
litigation. ADR can be split into 3 main methods of procedure with different
components. There is negotiation, in which two parties discuss the dispute with
each other in order to draw a solution. This helps to work out a solution that
best meets both parties needs and interests, given that they both can
cooperate. Negotiation, if conducted correctly, can enhance the relationship
between the two parties. Sometimes the two parties may not discuss alone and
can too be represented by lawyer,
advocate, or counselor. Which brings me to the next method of ADR called
Mediation. In this method the third party is an unbiased professionally trained
individual, which helps the two parties to dispute their conflict, not to
determine who is right and who is wrong, but to find a solution(s) to satisfy
everyone. Ultimately the decision is still left up to the two parties in
dispute to come to an agreement, and may only work out when there is no
balance of power, blame, or liability to be determined. Often solutions made
through mediation are more creative then those decided in court, and mediation
may also be mandatory before court will hear a case. Finally, there is
Arbitration the method that is used when two parties can not come to any sort
of agreement other then to refer the matter to a third party who will create a
binding decision. With arbitration there is often a contract required to
finalize the agreement between parties. The parties do have the choice whether
the arbitrator's decision will be final and binding or whether it should be subject
to review by a court if either party disagrees with the decision presented.
In comparison to litigation, ADR is a much more cost effective, less
time consuming and informal way to resolve disputes. It also always the dispute
to remain private, where as litigation brings the dispute to court and to the
public.
ADR in relation to my job and life makes me more aware that
communication is a key in one’s professional and personal life. With pursuing a
career in Human Resources I may become a representative of the employees and
employer. It is important for me to grasp and understand concepts of ADR as basic
as problem solving. At times I may be in a mediator position between the
employees and employer, or an arbitrator to draw a decision best for both
parties and the organization as a whole.
I must learn how to make myself impartial and have the ability to see
the “bigger picture”.
b) Through
learning about ADR I have also learned that in order for compromise to ever be
made between two parties, whether in business or personal matter, one must back
down to draw a solution from any situation. Which leaves me with the question,
what happens when through any method of ADR: negotiation, mediation, or
arbitration, one of the two parties will not back down or agree to sign any
binding agreement or contract. Is the dispute forgotten about because no
conclusion can be made or through the lengthy process of litigation the party
may be forced to a conclusion that does not benefit them in anyway because they
could not compromise?
c) To implement
ADR into an action plan I plan to begin to see the other party’s point of view.
Whether if it’s at school, work or personal matters I will negotiation to get
what I am deserving of but also to compromise and communicate on the other
parties behalf for us both to benefit.
What is Alternative Dispute Resolution?. (2010, July 21). Settlement.Org. Retrieved February 10, 2013, from <http://www.settlement.org/sys/faqs_detail.asp?faq_id=4000353>
