Alternative Dispute Resolution
Alternative (or Appropriate) Dispute Resolution includes a range of innovative dispute resolution techniques to better manage and resolve disputes outside the adversarial court process. Some options for creative collaboration include dispute prevention, negotiated rule making, negotiation, facilitation, mediation, conciliation, mediation/arbitration, arbitration, case management, early neutral evaluation, neutral expert fact-finding and corporate mini-trials. New strategies are constantly being developed.
With arbitration, disputing parties give a mutually acceptable, neutral third party the authority to decide how their dispute should be resolved. The parties are bound by the Arbitrator's decision. Under the Commercial Arbitration Act, arbitration decisions cannot be appealed, except for legal or procedural issues.
Conciliation, like mediation, brings parties and their respective interests together. Conciliation is sometimes labelled "shuttle diplomacy," and is frequently used in labour-management mediations. Although conciliation may involve face-to-face facilitated negotiations, the conciliator often meets with parties individually in separate rooms.
Conflict occurs when two or more parties see differences, real or perceived, between their individual or organizational needs, interests, values and/or wishes. If positions become entrenched, tension often increases. Conflict is a normal part of life, and can have either positive or negative consequences.
Interests include an individual's or group's hopes, expectations, fears, concerns, beliefs, values and needs. Interests must be considered and reflected in an agreement to satisfy the parties involved and reach sustainable outcomes.
Mediation or negotiation processes that seek to evoke the obvious and underlying interests of all parties, and use these distinct and shared interests as criteria for solving problems and disputes.
Litigation occurs when one or more parties decide to pursue a lawsuit in court as the preferred method of conflict resolution. A litigant is a party involved in a lawsuit.
In mediation, a neutral third party helps conflicting parties reconcile their differences, and reach a voluntary resolution of a dispute. The process can also transform the relationship to their mutual benefit and satisfaction.
A neutral person is not connected to the parties or involved in a dispute, in any way. The perception of neutrality is also critical. People acting as a neutral third party have a moral, ethical and legal obligation to disclose any issue or connection that could compromise their neutrality.
The parties are the people or groups involved in negotiations, a conflict or dispute.
Teams involved in a joint project involve all stakeholders at the outset to develop a strategy for guiding the project. Everyone makes a commitment to communication and collaboration, and to sustain effective, productive working relationships.
A solution to an issue that one party believes will satisfy their interests. Such solutions often do not consider the needs of others involved in a conflict.
The deciding factor that brings closure is the resolution to a dispute or conflict. Some examples of a resolution include a settlement to a negotiation, arbitration, mediation or litigation process.
"Win/Win" or "Yes/Yes" negotiating uses principled negotiating strategies as an alternative to positional bargaining. Through a mediator, parties reach workable agreements by identifying underlying interests and options that meet both their needs and interests to the greatest degree. Win/Win conflict resolution encourages parties to communicate about their interests and commit to their agreement, since they participated in its creation.