So you or someone you know is in a conflict and you are trying to decide how to resolve it or you are doing research on alternative dispute resolution mechanisms. This article will discuss some of the four main types of alternative dispute resolution (“ADR”) processes.
TYPES OF ALTERNATIVE DISPUTE RESOLUTION
The 4 main types of ADR are:
- Prevention
- Negotiation
- Mediation
- Arbitration
TRADITIONAL RESOLUTION VENUES
Of course, there are traditional venues for resolving disputes, such as filing a grievance, reporting an incident, or even going to a tribunal or court. Depending on the type of dispute or incident you are hoping to address, those venues might be the most appropriate means of resolving the dispute. Although this article will not address any of these mechanisms, where appropriate, it could be helpful to consult a professional about your resolution options.
THE MOST COMMON ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
PREVENTION
Whenever possible, it can be far less burdensome to prevent a conflict before an issue becomes a conflict. There are different approaches to prevention but generally, encouraging a culture of communication that is respectful, safe, and problem-focused can go a long way towards preventing conflicts before they arise.
One way to prevent disputes is to increase the capacity of your team to identify and address conflict. This can come by providing conflict resolution training for you and your team to manage conflict by employing conflict resolution skills.
NEGOTIATION
Negotiation is described differently in different contexts.
Harvard's Program on Negotiation describes negotiation as “a deliberative process between two or more actors that seek a solution to a common issue or who are bartering over an item of value.” Roger Fisher, Bill Ury, and Bruce Patton, in Getting to Yes, describe negotiation as, “back-and-forth communication designed to reach an agreement when you and the other side have some interests that are shared and others that are opposed.” Finally, the Stitt Feld Handy group describes negotiation as, “any form of communication between two or more people for the purpose of arriving at a mutually agreeable solution.”
What these three definitions have in common is that they all reference multiple parties communicating for the purpose of reaching an agreement. We discuss more negotiation theory and practice in our Become a Powerful Negotiator workshop.
MEDIATION
The next common type of alternative dispute resolution is mediation. The Stitt Feld Handy group describes mediation as, “a non-binding process in which an impartial third party, the mediator, facilitates the negotiation process between the disputants.” Notice here that mediation is linked to negotiation, in that the parties involved with the dispute are negotiating with the assistance of a third party.
Mediation is an excellent alternative to some of the traditional dispute resolution venues we discussed earlier. Mediation in many cases can be a more cost-effective and efficient way to resolve workplace disputes. It is important to choose the right mediator for the dispute in question.
The mediator can be a member of your human resources team or a third party who can help the parties to navigate the process. Mediation is becoming increasingly popular in different industries. If you are the person that is expected to resolve conflicts in your organization, consider further developing your skills with ADR training or conflict coaching.
ARBITRATION
Finally, arbitration is the final type of ADR that we will be discussing. Arbitration is a process in which, “a third-party neutral, or an odd-numbered panel of neutrals, renders a decision based on the merits of the case.” This process differs from mediation in that the third party or panel of arbitrators renders a decision against mediation which is generally self-determined. Thus, there is less party autonomy in arbitration.
This process is more similar to a court process than the other types of dispute resolution with someone coming in and making a decision. The major difference from a court process is that the parties can be involved in crafting the process used to arrive at a decision. This is something to discuss with the arbitrator prior to the commencement of the arbitration process. While the parties no longer control the outcome, in Arbitration they can still control the process. If you are considering arbitration, take a look at this list of arbitrators and the areas they practice in.
MAIN POINTS TO REMEMBER
There are many ways to resolve a dispute. It is important to be strategic about the venue you choose to use to resolve your dispute. Where necessary consider consulting a professional and reflect on the outcome you would like to achieve before pursuing a resolution. So much time and effort can be saved by effectively choosing the right venue to resolve your dispute. As Sander and Golberg put it, fit the forum to the fuss.
- Consider your options before choosing a dispute resolution mechanism.
- The four main ADR types are prevention, negotiation, mediation, and arbitration.
- Choose the venue that best facilitates the outcome you are hoping to achieve
If you have any questions or comments about this article, please do not hesitate to contact us.
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