22 Jul 2022

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ADR: Negotiation, Mediation, and Diplomacy

Format: APA

Academic level: College

Paper type: Case Study

Words: 540

Pages: 2

Downloads: 0

Conflicts form part of the daily interactions within the society thus necessitating a framework to circumvent conflicts. Subsequently, conflict resolution is seen as the framework within which the facilitation of peaceful end to conflicts and retributions ( Sime, 2016) . Different approaches can be taken to find solutions to existing conflicts which may take the form of litigation, negotiation, diplomacy, and mediation. Negotiation, mediation, and diplomacy are conversely referred to as alternative dispute resolution methods which are taken without necessarily going to courts.

In the case study given, Pete and the ATV manufacturer have numerous options for finding a solution to their conflict. Most notably, civil litigation and alternative dispute resolution stand as significant options for the duo to bring their conflict to an end. While opting for the civil litigation there are numerous steps through which Pete and the ATV manufacture will have to go through in efforts to find a solution to their conflict. To begin with, there ought to be an initial pleading where the complainant lodges a lawsuit to the defendant explaining in a court of law why the complaint was lodged. Secondly, disclosures in the courtroom will take place where the witnesses for each side provide information to the court of law regarding their account of the case. Discoveries and motions follow with the objective of finding the admissibility of the litigation to proceed to the trial stage. During a trial, evidence and arguments are made within the courtroom to assist the jury in making a deliberation and a verdict while providing for the post-trial appeal and motions.

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On the other hand, the process of alternative dispute resolution is significantly different from the litigation process. First, in alternative dispute resolution, requires that the parties in the conflict reach an agreement on the choice of the facilitator who acts as the mediator while taking into considerations the legal provisions made within the alternative dispute resolution framework ( Sime, 2016) . Subsequently, a strategy outline is made figuring out the key issues in the conflict which forms the basis for the creation of a negotiation plan. The negotiation plan helps identify the negotiable as well as the non-negotiable and understanding the potential results of the dispute resolution subsequently paving way for the preparation of settlement whichever way the determination is made ( Keethaponcalan, 2017) . In the case I represented Pete, I would opt for an alternative dispute resolution mechanism noting that litigation processes can be time-consuming as well as having significantly high costs. Furthermore, alternative dispute resolution gives the involved parties control over the conflict resolution process enhancing a closer focus on the issues.

The determination of the appropriate conflict resolution method is influenced by numerous factors. First, the situation in which the conflict has occurred is critical where in this case the conflict is not professional but can be considered as personal making alternative dispute resolution more appropriate ( Keethaponcalan, 2017) . Additionally, the expectations that each party has also played a part in determining the approach to conflict resolution taken. Moreover, costs are integral in evaluating the conflict resolution method. Most notably, litigation processes are usually costly in comparison to alternative dispute resolution.

An example of a conflict whose resolution was reached out through an alternative dispute resolution mechanism can be given of the L'Enfant Plaza smoke incident that took place in 2015. Even though the case was initially lodged in a law court, Metro the defendant in the case made to work out an out of court settlement with the incident's victims.

References 

Keethaponcalan, S. I. (2017).  Conflict Resolution: An Introduction to Third Party Intervention . Lanham, MD: Lexington Books. 

Sime, S. (2016).  A Practical Approach to Alternative Dispute Resolution . New York, NY: Oxford University Press. 

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StudyBounty. (2023, September 14). ADR: Negotiation, Mediation, and Diplomacy.
https://studybounty.com/adr-negotiation-mediation-and-diplomacy-case-study

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