Theory and Principles of Conflict Resolution †MyAssignmenthelp.com

Question: Discuss about the Theory and Principles of Conflict Resolution. Answer: TheUNCITRAL Model Law International Commercial Arbitration has changed the disputing resolving culture in business environment. Alternative Dispute Resolution (ADR) refers to the various means of settling disputes outside the court. The most common method of arbitration includes conciliation, negotiation, and mediation. The growing rates of litigation and time-consuming procedure involved in litigation have led to the disputed parties resort to alternative dispute resolution process as a more suitable means to resolve their disputes as compared to the litigation process. While the most common forms of arbitration mechanisms include mediation and arbitration, but negotiation is considered as the most suitable form of arbitration by most of the disputants to resolve their disputes[1]. Negotiation encompasses all forms of Alternative Dispute Resolution as it aims at enabling the disputant parties to settle the dispute between themselves in the presence of their attorneys, if required, without any interference from any third party. The other method used in negotiation process includes writing and communication process between the disputants provided it be not prevented by the court[2]. This process is not only cost-effective but saves court expenses of the parties. Thus, this process serves the purpose of the ADR to resolve the disputes between parties without resorting to litigation and in an effective manner. References Goldberg, Stephen B., et al.Dispute resolution: Negotiation, mediation and other processes. Wolters KluwerLaw Business, 2014. Menkel-Meadow, Carrie. "Mediation, arbitration, and alternative dispute resolution (ADR)." (2015).