Mediation and Conflict Resolution

Paper Summary:

This paper explains the process of mediation and the different types of mediation, as well as how it differs from traditional methods of conflict resolution, which tend to be antagonistic and create a win-lose atmosphere between parties. The paper also describes the many advantages of pursuing a mediated agreement in comparison to pursuing the adversarial approach in litigation.

From the Paper:

"ADR methods may be used either as a result of a legal mandate (sometimes referred to as "imposed" ADR) or voluntarily as a result of an agreement between the parties ("contractual" ADR). Since the right to trial by jury in most cases is constitutionally protected, legally imposed ADR is rarely binding on the parties. Typically, mediation and binding arbitration are the result of a voluntary contractual agreement between the parties. Courts and legislatures generally recognize that individuals may elect to resolve their disputes by some method other than litigation and may, in the case of arbitration, waive their right to a jury trial. As a general rule, courts will enforce agreements to use ADR techniques as long as the agreement is properly and fairly made."

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