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What is Conflict Resolution

What is Conflict Resolution

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Published by curlicue

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Published by: curlicue on Dec 18, 2008
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10/16/2013

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What is Conflict Resolution?
here are many ways to resolve conflicts - surrendering,running away, overpowering your opponent withviolence, filing a lawsuit, etc. The movement towardAlternative Dispute Resolution (ADR), sometimesreferred to simply as conflict resolution, grew out of thebelief that there are better options than using violenceor going to court. Today, the terms ADR and conflictresolution are used somewhat interchangeably and referto a wide range of processes that encourage nonviolentdispute resolution outside of the traditional courtsystem. The field of conflict resolution also includesefforts in schools and communities to reduce violenceand bullying and help young people developcommunication and problem-solving skills. Commonforms of conflict resolution include:
Negotiation
is a discussion among two ormore people with the goal of reaching anagreement.
Mediation
is a voluntary and confidentialprocess in which a neutral third-partyfacilitator helps people discuss difficultissues and negotiate an agreement. Basicsteps in the process include gatheringinformation, framing the issues, developingoptions, negotiating, and formalizingagreements. Parties in mediation createtheir own solutions and the mediator doesnot have any decision-making power overthe outcome.
Arbitration
is a process in which a third-party neutral, after reviewing evidence andlistening to arguments from both sides,issues a decision to settle the case.
 
Arbitration is often used in commercial andlabor/management disputes.
Mediation-Arbitration
is a hybrid thatcombines both of the above processes. Priorto the session, the disputing parties agree totry mediation first, but give the neutral thirdparty the authority to make a decision if mediation is not successful.
Early Neutral Evaluation
involves using acourt-appointed attorney to review a casebefore it goes to trial. The attorney reviewsthe merits of the case and encourages theparties to attempt resolution. If there is noresolution, the attorney informs thedisputants about how to proceed withlitigation and gives an opinion on the likelyoutcome if the case goes to trial.
Community Conferencing
is a structuredconversation involving all members of acommunity (offenders, victims, family,friends, etc.) who have been affected by adispute or a crime. Using a script, thefacilitator invites people to express how theywere affected and how they wish to addressand repair the harm that resulted.
Collaborative Law
refers to a process forsolving disputes in which the attorneyscommit to reaching a settlement withoutusing litigation.

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