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Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. [1] They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also ...
Arbitration is not the same as judicial proceedings (although in some jurisdictions, court proceedings are sometimes referred as arbitrations [3]), alternative dispute resolution, [4] expert determination, or mediation (a form of settlement negotiation facilitated by a neutral third party).
While distributive negotiation assumes there is a fixed amount of value (a "fixed pie") to be divided between the parties, integrative negotiation attempts to create value in the course of the negotiation ("expand the pie") by either "compensating" the loss of one item with gains from another ("trade-offs" or logrolling), or by constructing or ...
Conciliation is an alternative dispute resolution process whereby the parties to a dispute rely on a neutral third-party known as the conciliator, to assist them in solving their dispute. The conciliator, who may meet with the parties both separately and together, does this by; lowering tensions, improving communication, interpreting issues ...
Dispute mechanisms are an increasingly effective tool for establishing communication channels between businesses and communities. When successful, they offer a trusted way for local peoples or communities to voice and resolve concerns related to development projects, while providing companies with transparent, effective ways to address ...
ADR generally depends on agreement by the parties to use ADR processes, either before or after a dispute has arisen. ADR has experienced steadily increasing acceptance and utilization because of a perception of greater flexibility, costs below those of traditional litigation, and speedy resolution of disputes, among other perceived advantages.
Some people may adopt aggressive, coercive, threatening and/or deceptive techniques. This is known as a hard negotiation style; [8] a theoretical example of this is adversarial approach style negotiation. [8] Others may employ a soft style, which is friendly, trusting, compromising, and conflict avoiding. [3]
Conflict management is the process of limiting the negative aspects of conflict while increasing the positive aspects of conflict in the workplace. The aim of conflict management is to enhance learning and group outcomes, including effectiveness or performance in an organizational setting.