Dispute resolution

One of my problems is that I internalize everything. I can’t express anger; I grow a tumor instead

- Woody Allen

Dispute resolution is a proven and highly effective way of managing conflict and resolving disputes between different parties.

Dispute resolution processes cover a broad spectrum, with non-litigious processes now becoming increasingly mainstream. Businesses, lawyers, government and other groups are recognising that many disputes, at various stages, need a different approach or process to achieve resolution.

Alternative dispute resolution

Alternative dispute resolution is a term that covers the wide range of processes used to resolve disputes. In a sense, they are all alternatives to formal judicial determination by the Courts following traditional, public, adversarial litigation.

The driving philosophy of alternative dispute resolution is that people in dispute are best equipped to develop their own solutions. This is made easier when assisted by a trained neutral third party. In New Zealand negotiation and mediation are the most common alternative dispute resolution processes.

One of the strengths of alternative dispute resolution is its flexibility and adaptability. alternative dispute resolution takes people away from habitual, reactive and defensive responses, which ultimately escalate conflict. Instead they move to proactive, constructive approaches, where problems and conflict can be dealt with effectively and early.

As alternative dispute resolution processes make headway into our legal system and business practice, it seems inaccurate to call them 'alternative'. A better term may be ‘appropriate dispute resolution’. The UK’s Centre for Effective Dispute Resolution (CEDR) suggests that all alternative dispute resolution non-litigious processes should be part of a wider field of ‘effective dispute resolution’.

LEADR NZ deals mainly with mediation, but we can also offer advice and help with other forms of alternative dispute resolution , on request.