Alternative Dispute Resolution ADR FAQ - Frequently Asked Questions:
What is difference between Alternative Dispute Resolution And Conflict Resolution
Unfortunately these terms are used interchangeably
andsometimes used inappropriately. To help clarify their use, I suggest
the following distinction.
Alternative Dispute Resolution is used to differentiate between court
room litigation from non-court dispute resolution. Hence, the word
‘alternative’ is placed before the words
‘dispute resolution’. In modern times, it has
become standard to settle disputes in court and the saying
‘see you in court’ has become a popular
cliché. When we go to court the outcome is subject to
variables out of our control. The empowerment trend ‘taking
back the power from the court into the hands of the people’
has given re-birth to the term ‘alternative dispute
resolution’. I say ‘re-birth’ because in
historical time before the advent of ‘court room
litigation’, disputes were usually resolved by the parties
themselves without the intervention of a decision-maker.
The term ‘Conflict Resolution’ is becoming more
associated with globalization, urbanization, and community/cultural
diversity than between two individuals. Two individuals generally have
a resolvable dispute, not a conflict. As discussed above, conflicts are
issue clashes between two opposing groups or individuals. Two people
with a disagreement seldom have a conflict unless it involves a serious
or life-threatening issue that is completely non-negotiable. Conflicts
normally are group/community-related where societal pressure and
principles are drawn an ‘initial’ disagreement.
Have you ever had the experience of not liking something but not
knowing really why? Perhaps it is based on hearsay or inherited
perceived notions. This is a good example of how societal pressure and
principles work. In a way we become captive and feel it is our nature
without directly experiencing the ‘initial’
disagreement. This is conflict.
What is difference between Alternative Dispute Resolution And Conflict Resolution
ADR Questions at a glance
- Why Do We Have Disagreements, Disputes and Conflicts?
- What Is The Difference Between A Position And An Interest?
- What Is Difference Between A Disagreement, Complaint, Dispute And A Conflict?
- How Do You Resolve A Disagreement?
- Is There A ‘Best Practice’ Approach In Resolving Disagreements?
- What Is Alternative Dispute Resolution, known as ADR?
- What Are The Advantages Of Alternative Dispute Resolution?
- What Are The Types Of Alternative Dispute Resolution?
- What is difference ‘Alternative Dispute Resolution’ And ‘Conflict Resolution’?
- I’ve Heard That In ‘Alternative Dispute Resolution’ A Neutral Third Party Is Involved?
- How Do I Decide When To Used ‘Alternative Dispute Resolution’?
- How Do I Start The ‘Alternative Dispute Resolution’ Process?
- How Do The Parties And The Mediator Work Together?
- During The Mediation, What Does The Mediator(s)Do?
- How Long Does Mediation Take?
- Why Use Mediation If We Are Unable To Agree?
- Do I Need To Hire A Lawyer To Mediate?
- If I Don’t Bring A Lawyer Can I Bring Someone To Help Assist Me?
- Is Mediation Legally Binding?
- If I Use Mediation, Will I Need To Go To Court?
- Must An Agreement Be Reached In Mediation?
- Can A Mediator Be A Witness Or Talk To The Judge?
- What Should I Know About A Mediator Before Choosing One?
- What Are The Advantages Of Mediation Over Litigation?
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