Discuss the various types of alternative dispute resolution

Discuss the various types of alternative dispute resolution (ADR) and analyze which types of ADRs are regularly used in your workplace. . Explain what the ADR clause states in a contract you signed.

Solution

Alternative Dispute Resolution is also defined as the technique or way of resolving dispute internally and may require the intervention of a third party. The process aims at bringing the disagreeing parties to an agreement through various techniques. The objective is to resolve the disputes at any cost and if we have to define the techniques and processes it can be mentioned that there are generally three types of Alternative Dispute Resolution. The types of Alternative Dispute Resolution are:

Mediation - This is the process in which there is a person who is not involved in the argument and is considered as a neutral intervention where the person will help the parties understand the issue, develop alternative options that can be availed and will try to reach to an agreement. The Person who acts as a mediator will not provide any suggestion and will also not play any role in deciding the outcome.

Conciliation - The person will play the same role as the mediator but unlike an mediator the conciliator is generally an expert in the field and will provide suggestions that needs to accepted but the person will not decide or make a judgment here.

Arbitration - Here the person or the Arbitrator will play the role of a judge and will decide on the verdict of the issue and the parties have to abide by the decision made by the arbitrator.

In our workplace there are conflicts but those are generally resolved internally without the intervention of a third party but there are few instances where the mediation technique has been used in order to resolve the issue. The Mediator here is generally another team member or a person who is from a different team so that the person selected is actually neutral and as the person will define the actual problem it will help to achieve an Alternative Dispute Resolution.

In almost each and every contract there is mention of the Alternative Dispute Resolution clause and it states that in case of very critical issue the organization may seek arbitration and that too legally because if things are not resolved internally then the parties may be taken to the court of law and the verdict provided has to be followed and obeyed.