Alternative Dispute Resolution
ALTERNATIVE DISPUTE RESOLUTION
KRISTAL COBB
LAW & ETHICS FOR MANAGERS
This report will discuss the different processed for Alternative Dispute Resolution (ADR) and the advantages and disadvantages of each type.
Types of ADR
Negotiation
This form of ADR is give and take. The parties involved engage in discussions in order to come to terms with each other (Bagley & Savage, 2010). Negotiations can either take place to ensure future relations are positive – this is referred to transactional negotiation. The other form of negotiations is dispute negotiations. This form of negotiations addresses past events that may have lead up to discord between the parties involved. A manager can prepare for negotiations by coming to the negotiation table with an open mind and willingness to hear the opposing party. Also, the manager should know the facts surrounding the dispute and look at any past negotiation the organization may have participated in similar to the dispute and the resolution. The advantage of negotiations sometimes allows for parties to walk away from the negotiation with both parties a winner. This type of negotiation is referred to a integrative negotiation were both parties work out an agreement that both parties can receive more than originally agreed and the relationship can be preserved (Bagley & Savage, 2010). If both parties have an equal interest, the negotiation can turn bitter, because neither party is willing to give up more than they are willing to gain. This type of negotiation is referred to as distributive negotiations (Bagley & Savage, 2010). Neither party in this type of negotiation comes out as a winner, because typically the business relationship is lost.
Mediation
Mediation is conducted between the disputing parties and a third-party that is there to assist the parties in reaching a mutually satisfactory resolution (Bagley & Savage, 2010). In mediation, the mediator does not reach the resolution; the
KRISTAL COBB
LAW & ETHICS FOR MANAGERS
This report will discuss the different processed for Alternative Dispute Resolution (ADR) and the advantages and disadvantages of each type.
Types of ADR
Negotiation
This form of ADR is give and take. The parties involved engage in discussions in order to come to terms with each other (Bagley & Savage, 2010). Negotiations can either take place to ensure future relations are positive – this is referred to transactional negotiation. The other form of negotiations is dispute negotiations. This form of negotiations addresses past events that may have lead up to discord between the parties involved. A manager can prepare for negotiations by coming to the negotiation table with an open mind and willingness to hear the opposing party. Also, the manager should know the facts surrounding the dispute and look at any past negotiation the organization may have participated in similar to the dispute and the resolution. The advantage of negotiations sometimes allows for parties to walk away from the negotiation with both parties a winner. This type of negotiation is referred to a integrative negotiation were both parties work out an agreement that both parties can receive more than originally agreed and the relationship can be preserved (Bagley & Savage, 2010). If both parties have an equal interest, the negotiation can turn bitter, because neither party is willing to give up more than they are willing to gain. This type of negotiation is referred to as distributive negotiations (Bagley & Savage, 2010). Neither party in this type of negotiation comes out as a winner, because typically the business relationship is lost.
Mediation
Mediation is conducted between the disputing parties and a third-party that is there to assist the parties in reaching a mutually satisfactory resolution (Bagley & Savage, 2010). In mediation, the mediator does not reach the resolution; the