Contemporary Overview of Appropriate Dispute Resolution (ADR)

The chapter highlights the contrast between collaborative problem-solving, as advocated by experts like Kenneth Cloke, and the traditional Adversary System, emphasising the importance and effectiveness of the Appropriate Dispute Resolution (ADR) methods. Essentially, Kenneth Cloke’s words underscore the significance of collaborative problem-solving in achieving peace in an Adversary Society. Collaborative methods promote understanding, communication, and mutual agreement, fostering peaceful coexistence. Litigation, as part of the Adversary System, often hinders collaboration by fostering a win-lose mentality. It pits parties against each other, leading to adversarial relationships instead of cooperative problem-solving. ADR offers a solution to the challenges posed by the Adversary System. Mediation, arbitration, collaborative law, ombuds, conciliation and negotiation provide avenues for resolving conflicts outside the courtroom, encouraging cooperation and compromise. The chapter raises crucial questions: What is the definition of conflict or disputes, and how can it be resolved effectively? Addressing these questions is crucial for achieving peaceful coexistence. By understanding the nature of conflict, reevaluating the role of litigation, and exploring the psychological aspects like ego and apology, Parties will be better equipped to choose an efficient conflict resolution strategy whenever conflicts or disputes roar their heads. In sum, the chapter is an urgent call to action, urging parties to embrace the collaborative problem-solving approach which ADR offers-to achieve peaceful coexistence.