Dispute Resolution Notes

Understanding Dispute Resolution

The recognition that neither party is solely right or wrong; both perspectives can be valid.

Types of Disputes

Family, workplace, contractual disputes.

Difference between Conflict and Dispute

A dispute can be resolved through negotiation, while a conflict is a serious disagreement requiring one party to overpower the other.

Negotiation vs. Mediation

Negotiation occurs between two parties; mediation involves a neutral third party.

Role of Third Party in Mediation

To facilitate discussions, encourage agreement, and address imbalances without evaluating merits.

Facilitative Mediation

A process focused on assisting parties to communicate and resolve conflicts through collaborative problem-solving.

Advantages of Mediation

Cost-effective, faster resolution, enhances satisfaction, maintains relationships.

Disadvantages of Mediation

Potential neglect of rights, lack of uniformity, absence of appeal.

Core Principles of Restorative Justice

Accountability, restoration, dialogue, responsibility, reintegration, and making amends.

Victim-Offender Mediation (VOM)

A direct meeting between the victim and offender, facilitated to reach an agreement and understanding.

Conciliation Definition

A dispute resolution process where a conciliator helps parties identify issues and suggests settlement options.

Conciliation vs. Mediation

Conciliation involves greater third-party intervention and operates within a legal framework compared to the facilitative nature of mediation.

Benefits of Restorative Justice

More meaningful for victims, promotes healing, accountability, strengthens community relationships.

Common Features of Restorative Justice Processes

Voluntary participation, informal, facilitated dialogue, neutral facilitators, and emphasis on procedural justice.

Key Tensions in Alternative Dispute Resolution

Conflict between what parties want (vindication, advocacy) and what ADR offers (neutrality, collaboration).

Family Dispute Resolution (FDR)

A structured negotiation process for separating couples to make future-focused decisions in parenting and financial matters.

Skills Used in Conciliation

Active listening, paraphrasing, open questioning, silence and reflection, reality testing.

Transformative Mediation

A model focusing on empowerment of parties and recognition of their needs and relationships.