Introduction
Conflict and disagreement are common occurrences in our society, affecting everyone, including individuals, families, organizations, and relationships between them.
Lawyers have different approaches to conflicts and disputes. Trial lawyers use the legal system to resolve particular disagreements between parties, while public interest lawyers focus on individual rights, environmental concerns, and other causes. They often utilize specific disputes to address underlying societal tensions. Trials have been the exclusive means of conflict resolution throughout history.
Law schools have increasingly acknowledged the effectiveness of Alternative Dispute Resolution (ADR) as a means of resolving specific disputes. ADR comprises negotiation, mediation, and arbitration techniques that are employed instead of a trial to settle legal matters (Leonard L. Riskin, et al.).
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, The 4th edition of the book "Dispute Resolution and Lawyers" from 2009 highlights that there are multiple avenues for utilizing ADR. One way is when parties agree to use ADR in case of future disputes. Another way is when a conflict arises and the parties opt for ADR. Additionally, it can occur when a court mandates attempting ADR in a dispute. Lastly, ADR can happen as an annex of or connected to a court case.
Abraham, Supra at 15
Negotiation and mediation are two ADR methods for resolving disputes. Negotiation is typically voluntary, consensual, and private with no third-party involvement. Parties work together to protect their own interests and find a resolution. Mediation involves a neutral third party who helps the parties come to an agreement. The use of attorneys is optional and decided by the parties.
Furthermore, in addition to the previous statement, ...
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