Adr Techniques

ALTERNATIVE DISPUTE RESOLUTION
TECHNIQUES

UNIT 1: ADR TECHNIQUES
* The ADR techniques are alternative procedures for the solution of conflicts, it is apart from litigation.
* They arecheaper, faster and focus on the parties’ interests.
* There are different ADR techniques like:
* Negotiation (2 or 3 parts)
* Meditation (mediator = can’t give a solution)
* Conciliation(conciliator = may propose a solution)
* Arbitration (arbitrator = gives a solution)

* Common features of the ADR techniques are:
1. Backgrounds (ADR techniques before litigation)2. Flexibility
3. Relationship
4. Negotiation Structure
5. Parties Autonomy Principle (Parties decide everything)
6. Interest
7. Confidentiality
8. Management involved
9.Transaction Cost

UNIT 2: THE CONFLICT
* Characteristics of the conflict:
* DYNAMIC: linked to emotions that result in different changes.
* IMPRECISE: can’t determine the factors of theconflict.
* COMPLEX: changes involved with human reactions.
* INSTABLE: constant changes and development.

* Elements of the conflict:
* ACTORS: the parties
* DISAGREEMENT: balancefor performance
* POWER: factor that determines the process
* MAP: perception of reality
* COMMUNICATION: used to transmit the ideas

* Phases of the conflict:
* Initiation
*Ups & Downs
* Development
* End of the conflict

* Features of the conflict:
1. Power
2. Fear
3. Disagreement
4. Communication
5. Skills
6. Culture
7.Interests

UNIT 3: NEGOTIATION
* Main characteristics of negotiation:
1. The solution that the parties chose.
2. The parties may sacrifice something in order to win.
3. Helps in humaninteraction.
4. The parties are guided by their own interests.

* Requirements of a negotiator:
* Flexible, Creative, Persuation, Positive, Good listener and communication skills

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