Alternative Dispute Resolution Approaches and their Application

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Title: Alternative Dispute Resolution Approaches and their Application
País: Israel
Idioma: English
Fuente: Fuente: Israel Center for Negotiation and MediationFuente: Israel Center for Negotiation and Mediation
Reseña: Reseña:In recent decades, the various conflict resolution approaches have become awidely accepted field both of academic study and of practice, with official and/orlegislative functions in many countries. In international relations, they plays anincreasing role in containing, managing and resolving potential sources of conflict.The article reviews its complex development. While conflict can be dangerous, italso carries the possibility of producing creative cooperation in a win–win solution. Thekey to this is for participants to engage as joint problem solvers, seeking to resolvethe dispute, and to try and “enlarge the pie” rather than acting as adversaries andaggravating the situation.A mediator can play a valuable role in this process, facilitate a negotiationprocess which has come to a dead end, helping the parties concerned to focus on theiressential interests rather than defend (or attack) fixed positions. The principles andprocedures of consensus building are dealt with in some detail.The article outlines the principles of negotiation, based on interests and needs ofthe parties, the use of proper communication, and maintenance of a workingrelationship as an essential component for reaching a durable agreement.It lists and considers the essential skills needed by negotiators and mediators,and points the different cultural expectations (national, regional, religious, orprofessional) and the psychological aspects that affect perceptions andcommunications. It outlines a range of strategies for and approaches to mediation,and the ethical problems that may arise.In recent decades, the various conflict resolution approaches have become a  widely accepted field both of academic study and of practice, with official and/or  legislative functions in many countries. In international relations, they plays an  increasing role in containing, managing and resolving potential sources of conflict.   In recent decades, the various conflict resolution approaches have become awidely accepted field both of academic study and of practice, with official and/or  legislative functions in many countries. In international relations, they plays an  increasing role in containing, managing and resolving potential sources of conflict.    The article reviews its complex development. While conflict can be dangerous, it also carries the possibility of producing creative cooperation in a win–win solution. The  key to this is for participants to engage as joint problem solvers, seeking to resolve  the dispute, and to try and “enlarge the pie” rather than acting as adversaries and  aggravating the situation.   A mediator can play a valuable role in this process, facilitate a negotiation process which has come to a dead end, helping the parties concerned to focus on their  essential interests rather than defend (or attack) fixed positions. The principles and  procedures of consensus building are dealt with in some detail.   The article outlines the principles of negotiation, based on interests and needs of  the parties, the use of proper communication, and maintenance of a working  relationship as an essential component for reaching a durable agreement.   It lists and considers the essential skills needed by negotiators and mediators,  and points the different cultural expectations (national, regional, religious, or  professional) and the psychological aspects that affect perceptions and  communications. It outlines a range of strategies for and approaches to mediation,  and the ethical problems that may arise.    


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