Explain mediation as a method of adr

Methods of processing and addressing disputes or conflicts include - Negotiation, Mediation, Conciliation, Facilitation, Adjudication (including courts and arbitration), Non-binding Arbitration or Facilitated Policy Dialogue amongst others.

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This essay is about mediation as a method of ADR. Therefore other methods of dispute resolution are only mentioned in passing.  These include: negotiation, conciliation, facilitation, adjudication, non-binding arbitration, facilitated policy dialogue or shared decision making, ombudsman etc.

The essay also briefly mentions some of the different processes involved with different forms of ADR including consensual dispute resolution, adjudicative dispute resolution and legislative approaches.

The main focus is on mediation and covers the nature of mediation i.e. an impartial third party; non-binding resolutions; Le Baron Duyea 1992; internet-based, rights based and facilitative processes.

It covers advantages of mediation such as always win-win outcomes, choice, control, cost, non legal decisions, and the disadvantages to mediation such as dependency upon co-operation of parties, need for compromise, no guarantee that the matter will be resolved and so on.

 

 

 

(word count 526)

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