Abstract
The different forms of Alternative Dispute Resolution or ADR are interesting topics that were discussed in this class. There were five chapters that we consider the most interesting parts of the reading as they provide information that not only increase our awareness about dispute or conflict resolution, but they can serve as guidelines on how to come up with better ideas in providing solutions to various issues. The different chapters of the reading, such as chapters 1, 2, 3, 5, and 7 provided insights on cases, which these ADRs can be used. One may think that conflict resolution is just a simple approach, but upon reading these chapters, there will be more information that can be acquired in terms of the differences between these ADRs including their benefits and drawbacks. Moreover, we found out that effective communication is not just important in the application of these ADRs, but the processes themselves would develop one’s communication skills, especially the disputants involved in the conflict. These chapters reveal some of the important things that can be used both in current and future employment situation.
Alternative Dispute Resolution: A Conflict Diagnosis Approach
Introduction
Alternative Dispute Resolution or ADR is an approach that defines various ways of settling conflicts or disputes between parties. It is being done outside the courtroom, which normally encompasses early evaluation, conciliation, negotiation, mediation, and even arbitration. Two of the most common methods of ADR include mediation and arbitration. Although these two are the most common approaches, negotiation is always being used as a first attempt in resolving disputes. The chapters that were discussed in the HRMT class provided a rich information in terms of understanding different topics and methods in resolving disputes. The purpose of this study is to present five of these chapters that hold interesting views and knowledge about, which can be used for future employment situation. Chapters 1, 2, 3, 5, and 7 will be discussed in relation to each chapter’s interesting points. The collaborated information from these chapters are essential sources of knowledge and understanding when it comes to identifying the best solution across different dispute situations.
Chapter 1 Discussion
The first chapter of the book provided a starting point towards learning more information about dispute resolutions. Different terminologies were introduced so as readers will be able to understand further terminologies in relation to the solving disputes. In this chapter, we have learned that a much bigger issue may start with interpersonal conflict. This terminology was described as the person or group of person’s interrelationship, in which a person or more members of the group has an opposing views against the other (Coltri, 2010). It was good to know that conflict occurs due to different beliefs and not just by a single opposing view against another. Furthermore, the chapter presents that every dispute may have its own resolution, and that was described as the dispute resolution, which many use to settle different interpersonal conflicts. It was discussed that conflict between parties or persons may be in form of latent, partially, active conflict, and many others, which therefore calls for an appropriate method of resolving the issue. Then again, whichever type of conflict occurs, it is still better to analyze the dispute in order to come up with the best possible resolution. In the event that such dispute happens, each party or each disputant wants to raise his side as each party may have had their own points. Thus, the issue can be settled through negotiation so that the disputants themselves will be able to resolve their conflict (Shargh, Soufi, & Dadashi, 2013). Thus, it can also be resolved through adjudication, which involves a third party resolver, to which both parties will submit their points about the issue. This chapter provides a good starting point in understanding the reasons as to conflicts normally occur and how it can be resolved through various ways. Thus, I can use the knowledge that I have gained from this topic in many ways. In fact, I am now more aware of how I can provide solution if ever I can be in a conflicting situation with my peers, hence, knowing these information will help me with my future professional career by knowing how I can develop my behavior to avoid any potential disputes with my colleagues.
Chapter 2 Discussion
Of the reading offers deeper discussion about the different foundations of Alternative Dispute Resolution. It is interesting to know that there are different ways on how to resolve issues. In fact, I have learned that no matter how big the conflict is, it is possible to settle the issue without filing a legal complaint against the other party or person. In fact, I also learned that there could also be an ironic situation between a lawyer and his client, to which the first has a conflict of interest with the latter. At first, I thought that this is quite impossible to happen, but Chapter 2 explained that this situation could lead to lawyer’s incapability to provide the best dispute resolution to his client. On the other hand, we also learned that a simple conflict may grow to a worse dispute between two parties. Chapter 2 stated that such effect may have been influenced by humans’ natural relationship with each other, such as the two types of interdependence. These types are promotive and contrient interdependence. Promotive interdependence refers to humans’ interrelationship that predominantly, one of the disputants does something that will benefit to self as well as the other disputant. On the other hand, contrient interdependence goes otherwise, from which only one disputant will benefit the self and will impede the interest of the other. It is important to understand these two types of humans’ interdependence. According to the theory of social interdependence, positive interdependence is the reason as to why promotive interaction occurs, while negative interdependence results to negative interdependence (Johnson & Johnson, 2011). Knowing these information can be helpful in my future as it teaches how to diagnose one’s behavior by understanding how each one of us interdepends with other member of the society. In that case, I can learn how to base my actions according to positive interdependence.
Chapter 3 Discussion
Chapter 3 may have one been one of the most interesting chapters of the reading. In this chapter, I have learned the essence of mediation when it comes to dispute resolution. Mediation holds different characteristics compare to the other Alternative Dispute Resolution methods. It was stated that initially, negotiation is always the primary approach in resolving disputes between parties. This is the dialogue that aims to settle the issues. However, if the outcomes of such action provided no resolution, then another method is used, which is the mediation process. Basically, it is an assisted negotiation, which involves a middle man instead of the disputants directly settling the issue. During the discussion of this chapter, I thought of an additional issue if the mediator would be in favor of one of the parties. However, I have learned that it is essential that the mediator himself is someone who is disinterested with the conflict being resolved. It is also important that the mediator holds a neutral decision over the matter. Moreover, I realized that mediation is not just a matter of discussion towards providing a dispute resolution. Some mediators are providing both parties with a written memorandum, such as memorandum of agreement, memorandum of settlement, or the so called memorandum of understanding. In fact, mediation provides various benefits to both disputing parties. Mediation process provides more privacy than the usual court hearing and it provides opportunities to both parties when it comes to dealing with their emotions over the disputed issue (Radford, 2001). This type of ADR is an interesting due to number of characteristics it holds. It provides additional knowledge in relation to how to settle disputes in a more convenient way. In fact, the mediation process gives an idea on how to become a better communicator, similar to what is required to become an effective mediator. This can be very useful even in today’s time, I can be able to practice being a mediator even in small issues that need to be resolved. Thus, in the future, it will help me diagnose the conflict through proper analysis of the situation towards creating an effective solution that will benefit both parties.
Chapter 5 Discussion
Another interesting topic that provides essential learnings about ADR is the fifth chapter of the reading. It provides insights about the arbitration method, which is somewhat similar to litigation. We have learned that the arbitration process is the principal type of ADR. According to the chapter, there are various characteristics that arbitration fits the American culture (Coltri, 2010). Similar to other ADRs, the process can be settled outside legal process. However, there were many changes that occurred in terms of how it is being done in today’s time. It was an interesting thing to know about the history of this centuries-old ADR. In fact, depending on the dispute being resolved, an arbitrator can be a religious leader or can be a respected businessman (Rau, 2005). On the other hand, today’s arbitration process is quite different than before. In fact, I have learned that there are varieties of arbitration. Two of the most common are formal, which include formal and informal arbitration. The first type shows an intensive participation of lawyers with the application of formal procedures as well as some evidentiary rules, which makes it quite similar to litigation. The second type has less participation of lawyers and with less procedural rules. Thus, an informal arbitration enables the arbitrator to act in a facilitative manner (Coltri, 2010). Arbitration has also a place when it comes to the development of appropriate conflict management. It is interesting to know that it has various characteristics that could not provide advantages as opposed to mediation process, especially when resolving interpersonal conflicts. The good thing about understanding the difference between arbitration and other forms of ADRs would allow a person to analyze the best ADR that can be applied in resolving a dispute. Personally, I can use this knowledge in terms diagnosing any issues within my professional career in order to find appropriate settling process that I may recommend to parties who are under a conflicting situation.
Chapter 7 Discussion
Chapter 7 of the book serves as the summary of all ADRs discussed in every chapter. This chapter provides some of the important ideas, such as the advantages and disadvantages of every ADR type. We have learned that many legal professionals are now considering the ADR processes as another way to resolve disputes and conflicts apart from the law suits that others are turning into. Although this chapter provides different advantages and disadvantages of various ADRs, one ADR that I consider the most interesting is the mediation. It was stated that this process is ideal for conflict resolutions for disputants who are on a tight financial situation and with less time to settle the issue. It is an efficient way of finding resolutions as it is flexible across different types of circumstances. In fact, it can also be used in settling conflicts that seem to be more of an emotional in nature. Due to the mediator’s ability to communicate effectively to both parties, the process becomes more efficient and less time consuming. Apart from business, employment, and other formal disputes, mediation can also be used in family and community conflicts (Bingham & Nabatchi, 2001). Learning about the different types of ADRs, along with its advantages and disadvantages will help me in the future, such as providing recognition and empowerment for both disputants in order to help not only to resolve the current issues, but also to help them address future disputes.
Conclusion
There are many different information that I have learned from this class, especially the five chapters that were included in this study. The chapters were informative. To which different interesting ideas were provided and discussed in a manner that every person can understand clearly. I also consider these chapters as the most interesting parts of the book due to the examples provided as to how every ADR can be applied. For example, there were different cases that were presented in every chapter that helped me in understanding the key points of the ADR’s applicability to every situation. Generally, the chapters were more than just interesting, but as a person continues reading them, the level of awareness increases due to interesting facts that were being presented.
References
Bingham, L. B., & Nabatchi, T. (2001). Transformative Mediation in the USPS REDRESS Program: Observations of ADR Specialists. Hofstra Labor and Employment Law Journal, 18(2), 399-427.
Coltri, L. S. (2010). Alternative dispute resolution: A conflict diagnosis approach. Boston: Prentice Hall.
Johnson, D. W., & Johnson, R. T. (2011). Social Interdependence Theory. The Encyclopedia of Peace Psychology.
Radford, M. F. (2001). Advantages and Disadvantages of Mediation in Probate, Trust, and Guardianship Matters. Pepperdine Dispute Resolution Law Journal, 1(241), 241-254.
Rau, A. S. (2005). The Culture of American Arbitration and the Lessons of ADR. Texas International Law Journal, 40(449), 449-535.
Shargh, F. S., Soufi, M., & Dadashi, M. (2013). Conflict Management and Negotiation.International Research Journal of Applied and Basic Sciences, 5(5), 538-543.
