Monday, December 30, 2019

Why Alternative Dispute Resolution ( Adr ) Experts

2) Why do alternative dispute resolution (ADR) experts emphasize the importance of Problem Solving approach in conflict resolutions? Are there weaknesses and/or short coming to this approach? The problem solving approach in conflict resolution is when parties in a conflict engage in dialogue that will allow for re-conceptualizing the conflict with a new view to find creative, or win-win, outcomes. Problem solving approach, used by alternative dispute resolution (ADR) experts requires joint effort by all parties involved. During the process, all parties must be able to freely exchange ideas which will allow for brainstorming and opening up dialogue in search of alternatives that will satisfy all parties’ needs, interests, aspirations, and/or positions. While differences in values and interests are usually one facet of the conflict, they can also be used to claim and create new values, rather than as a basis for irreconcilable differences. For instance, while Muslims and Christ ians do not believe in the same God, they both do believe in one God. This type of approach also allows for bridging of differences by framing and reframing the issue(s) that divide the parties, which will allow all parties to reengage their Pre-Frontal Cortex and allow them to have more compassion (Brain whispering: The neurosciences of mediation, February, 2016). Alternative dispute resolution experts also use problem solving as it is a method that requires integrative analysis to be used in a wayShow MoreRelatedLitigation vs. ADR1100 Words   |  4 PagesLitigation v. ADR There are many legal systems and measures that are available to people when they run into problems. These alternatives generally accelerate the resolution of disputes without the need for initiating or continuing the formal and costly process of litigation. These alternatives are generally referred to as that of alternative dispute resolution (ADR) (Sherman, 2012). Alternative Dispute Resolution (ADR) comprises the resolution of a matter by a method other than traditional litigationRead MoreArbitration in Nepal1641 Words   |  7 Pages Dispute Resolution: Arbitration Law in Nepal Anamol Bisht Kathmandu University School of Management In an event of the breach of any contract, legal remedy should be provided to the parties that are involved in the agreement. However, instead of going directly to the court of law, there are specific remedies that serve as an alternative dispute resolution and one such alternative is arbitration. In arbitration, an arbitrator (a neutral third party or experts) renders a decision based on the disputesRead MoreAdr Should Be The Prime Method Of Dispute Resolution Essay1470 Words   |  6 PagesADR should be the prime method of dispute resolution. Critically discuss in relation to ONE method of ADR (eg arbitration OR negotiation OR mediation). Conflicts are pervasive and are inevitable at times. 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