Say what?

So exactly what is alternative dispute resolution?

I am so glad you asked. When disputes arise in society, and in particular where those disputes involve legal issues, it is a function of the courts to enforce the rules of society (the Law) or resolve the disputes.

But judicial processes are not the only way of resolving disputes. Negotiation, mediation and arbitration are all examples of alternative dispute resoltion mechanisms. All three have some characteristics in common in that they are:

1. informal
2. voluntary
3. flexible
4. consensual (the result is reached by agreement between the parties)
5. Private

Negotiation is often the first step in attempting to resolve a dispute. It involves the parties attempting to resolve their differences personally by agreement.

Mediation is similar to negotiation in that the parties themselves work to find a solution through a process of negoatiation, only here they are assisted by a third party, or "mediator".

Arbitration involves the parties voluntarily and jointly asking a third party, the arbitrator, to hear both sides of the dispute and then make a decision, or "award". This award is legally binding on the parties and is imposed on the parties.

In time we will look at the benefits of the above three forms of dispute resolution, as well as at the types of disputes that are suited to each mechanism.

I would love to hear back from you, especially your questions or suggestions relating to specific aspects you would like to see covered.

Until we meet again, and as always...peace.