Alternative Dispute Resolution

Alternative Dispute Resolution - Appropriate Dispute Resoluton

Alternative Dispute Resolution (ADR) embodies many different modalities for accomplishing more peaceful resolutions to conflict than is offered by litigation. Robert Bush, in his book "The Promise of Mediation" (see our book list below), describes Transformative Alternative Dispute Resolution as this:

In this process, the procedure and the players are dynamic. The parties are moved towards continuing relationships with each other instead of seeing the process as static and simply a resolution of one dispute. Apparently the United States post office is training mediators in this process in order to apply it to mediate employment disputes.

Mediation, Negotiation, Conciliation and Arbitration are the most well known forms of ADR and have been in practice for many years, centuries in the case of mediation. Since the early 90's, lawyers have been incorporating new models for dispute resolution into their toolkits. Falling under the heading of the "Comprehensive Law Movement", as termed by Professor Susan Daicoff, these new modalities are designed to encourage more peaceful atmosphere for the resolution of conflict, providing more sustainable results for clients and greater work-life balance for lawyers.

The courts ... should be the places were disputes end after alternative methods of resolving disputes have been considered and tried.

~ Justice Sandra Day O'Connor

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