Conflict Resolution

Disputes start out as simple annoyances or complaints before turning into conflict. Most companies and individuals overlook the early warnings or try to "band-aid" the problem. How to address a conflict is a skill. Generally, we avoid dealing with a problem until it becomes a crisis in our life. The end result is usually the same, either you address it now and pay... or pay for it later. Waiting for problems to fester not only affects us financially but also our health and positive state of mind. Addressing problems, disagreements, annoyances and complaints immediately reduces our 'worry-time' freeing us up for more productive uses of our time and money.

Below are several approaches to Alternative Dispute Resolution (ADR). Unlike legal court litigation, Alternative Dispute Resolution is private and confidential. Settlements are legally enforceable in the United States and in most countries.

FACILITATION & NEGOTIATION

Many disputes can be resolved by having a neutral third party intervene as a facilitator and negotiator on our behalf. Facilitated negotiation is at the core of the Alternative Dispute Resolution (ADR) process. The facilitator encourages an exchange of information and resolution options between the parties. The interests and positions of each party is validated and discussed. The outcome is a mutually agreeable resolution and structured settlement.

MEDIATION & CONCILIATION

The Mediation process involves a series of joint sessions and private caucuses. Mediation is a very flexible process that can be effectively used at any time during the course of a business or personal conflict. The mediation process is non-adversarial. There are numerous benefits over court litigation saving time and money. The goal of mediation is to amicably resolve a dispute through voluntary efforts of both parties. The role of the mediator is to utilize patience, persuasion, and people skills to facilitate the conversation in order to explore options and reach a settlement. Mediation is a voluntary process. When options are not easily forthcoming, the mediator(s) utilizes their experience and expertise to suggest possible outcomes. This process is referred to as Conciliation. Both Mediation and Conciliation allows the parties to maintain relationships and offers the greatest opportunity for creative problem solving.

ARBITRATION is the FINAL STEP BEFORE LEGAL COURT LITIGATION.

It is an adversarial process where a neutral Arbitrator renders a decision, called an award, after there has been a presentation of evidence. Like a court trial, arbitration may include representation by legal counsel, pre-hearing discovery, written briefs, examination of witnesses and oral argument. The Arbitrator's decision is final.

COURT LITIGATION

Sometimes when negotiations and mediation do not provide desired outcomes, litigation is the best action. Court litigation is costly and time-consuming. It should be used only as the last resort.

See our FAQ (Frequently Asked Questions) section for more details at: www.ADRFAQ.com

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ADR - ALTERNATIVE DISPUTE RESOLUTION

CONFLICT RESOLUTION