Alternative Dispute Resolution(ADR) Mechanism

The Art of Negotiation:-

Abstract:

Negotiation is practiced for as long as two people have any dispute while a negotiator to bring their fight to an end. Mediation in international relations has not only been practiced frequently, but has emerged as an important instrument of international diplomacy. Almost any individual, group, organization, or state - hither formally or informally engaged, invited or uninvited, more powerful or less powerful than the disputants themselves, engaged on a temporary or ongoing basis.

Introductions:-

The Courts of this country should not be the place where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried. -Sandra Day O'Connor

The organization's volunteer mediators have helped parties resolve many types of disputes. Mediator has help to parties resolve disputes involving landlord-tenant issues, payment or etc.

Once the program coordinator obtains the parties' consent to schedule a mediation session, he or she works with them to clarify the issues to be discussed, establishes agreement about who will attend and notifies the parties and mediators as to the date and time of the session. After the mediation session, the coordinator also follows up each party and sends them an evaluation form.

Alternative Dispute Resolution or ADR refers to processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve the issues between them. ADR can also be used to mean 'assisted' or 'appropriate' dispute resolution. Sometimes it is used to include approaches that enable parties to prevent or manage their own disputes without outside assistance.

ADR can provide a relevant, cost-effective, fair and timely means of resolving disputes in a manner which, to the extent possible, preserves the parties' relationships and creates maximum opportunity.

Dispute Resolution involves bringing two or more incompatible parties to clear understanding wherein their differences are ironed out.

It points to every technique applied for settling dispute between entities.

An ounce of mediation is worth a pound of arbitration and a ton of litigation! - Joseph Grynbaum

Dispute Resolution Methods

  • Mediation.
  • Negotiation.
  • Conciliation.
  • Arbitration.
  • Judicial Settlement through Lok Adalat
  • Averting (Prevention)
  • Ombudsperson
  • Litigation.
  • Tribunal.
  • Hybrid Methods of Dispute Resolution i.e. Mediation+ Negotiation.

What is Negotiation?

Negotiation is a process of dispute resolution which encourages the parties in a dispute to isolate the issues, to develop possible settlement options, and to negotiate a resolution which is acceptable to them. Instead of having a judge, magistrate or arbitrator impose a decision, an impartial person – the mediator – facilitates the process and, if the dispute is resolved to the parties' satisfaction, the mediator helps the parties to set out their solution in the form of a written agreement which will be legally enforceable.

In mediation the parties never hand over the power to make decisions to anyone else. The mediator cannot make or impose decisions on the parties. Settlement occurs only if the parties agree.

Negotiation Process:-

  • Prepare aim and approach.
  • Friendly talk and discuss
  • Propose solution
  • Bargain and review areas of compromise
  • Conclusion and approval.
  • Amicability.

Assist Negotiation:-

1. This is a form of negotiation wherein a neutral person would be invited to guide the disputing parties towards reaching to compromise.

2. Mediation is an ADR mechanism in which disputing parties allow an independent third party (Mediator) to help them reach a point of settlement

3. Mediation clause in the contract between the disputing parties should point out terms of mediation including choice of mediator.

4. Disputing parties agree to mediate

5. Disputing parties select acceptable mediator

6. Decision are made by disputing parties

Steps of Mediation

  • Choose Mediator
  • Identify objectives of both sides
  • Decide Mediation schedule
  • Engage the other party in declaration of position
  • Discuss with mediator
  • Mediation shuttle diplomacy
  • Endorsed deal

Conclusion

Hybrid method is one of the most important management strategies in disputes, yet it has been the focus of little research. Mediation may involve private individuals, academic scholars, official government representatives, regional organizations, small or large states, transnational and international organizations, and yet the nature and consequences of such variation have yet to be examined systematically. The purpose of this paper is to analyze the mediating efforts and to consider contributions to national and international peace and security in the society.

Reference:

  • https://scholar.google.co.in/scholar
  • http://psycnet.apa.org
  • http://link.springer.com

The author can also be reached at ruplawyer@gmail.com

 

rajesh 
on 04 May 2017
Published in Civil Law
Views : 115
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