Alternative/appropriate dispute (conflict) resolution (ADR): the psychological facilitators
Nwankwo, Okechukwu Dominic
Akam, Uche G.
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This is a discourse on Alternative/Appropriate Dispute (Conflict) Resolution (ADR) paradigms. Litigation is one of the popular ways of disputes/conflicts settlement. Hence, alternative/appropriate dispute resolution (ADR) therefore connotes other “appropriate” pragmatic and adaptive models of resolving disputes/conflicts apart from litigation, such as arbitration, mediation, negotiation, and conciliation. The motives of alternative/appropriate dispute resolution (ADR) are to prevent disputes, resolve it if it has developed, or manage it from being dysfunctional. Again, the choice of alternative/appropriate dispute resolution (ADR) model(s) to be employed depends on the peculiarities of the disputes/conflicts. Normally, the subject-matter of the dispute/conflict, urgency, finance, consequences, methodology, parties, and relationship often constitute the basic influencing determinants of the choice of alternative/appropriate dispute resolution (ADR) model(s). The psychological facilitators of alternative/appropriate dispute resolution (ADR) models include emotional intelligence of the parties and dispute resolution professional/expert, knowledge prowess of the expert, communication skills and openness, as well as commitment of the parties, pragmatism, strategy, and tactics. Alternative/appropriate dispute resolution (ADR) is recommended in settling disputes because it is convenient, cheap, flexible, adaptive, dignity-protecting, less time-consuming, friendly enhancing among others.
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