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2 Introductions Biography

3 Agenda What is Conflict? Role of ADR ADR Continuum Benefits of ADR Case for Mediation Case Studies ADR Institute of Ontario Questions

5 What is Conflict? Ubiquitous and universal Not necessarily negative or undesirable Hostile feelings between two or more parties Diverging interests An opportunity for growth, change and learning

6 Role of ADR Acronym for alternative dispute resolution ADR is about options for resolving disputes as an alternative to traditional litigation Consensus-based approaches to dispute resolution

6 Role of ADR (cont’d) Understanding the circumstances surrounding conflict or dispute Responding with an appropriate management or resolution process Different ADR options may be applicable at different stages of a dispute

7 Increasing coercion and hostility. Decreasing control, flexibility, and chance of win-win outcome ADR Continuum FacilitationLitigationFact-Finding Arbitration ADR Processes Mediation Adjudicative Processes Training

Benefits of ADR Flexible Greater control over timing and process Cost effective Voluntary and informal Private and confidential Durable outcomes 8

Benefits of ADR (cont’d) Relationship-saving Can be customized Process-oriented Competitive advantage Creative solutions Empowering 9

10 Case for Mediation Mediation is the most widely known and utilized ADR option Based on a mail and phone survey of 528 of the largest U.S. corporations*: –88% have used mediation –81% said that mediation provides "a more satisfactory process" than litigation

Case for Mediation (cont’d) –90% view mediation as an effective cost- saving measure –82% said that the main reason to use mediation is that it allows the parties to resolve dispute themselves From a litigation standpoint, 95% of civil court cases settle out-of-court ** 11

12 Case Study for Facilitation Definition: neutral party helps a group work together more effectively in a collaborative or consensus-building process Situation: parties aiming towards a common goal but differ in approach Process: facilitator is “assistive” Outcome: collective agreement

13 Case Study for Mediation Definition: neutral mediator assists the disputing parties reach a negotiated settlement; s/he does not decide the case; usually confidential and non-binding Situation: parties more hostile to each other but willing to work towards resolution with assistance Process: mediator is “intermediary” Outcome: win-win

14 Case Study for Arbitration Definition: neutral arbitrator makes a final decision for the parties, however the parties control the content and procedure (vs. litigation) Situation: parties unwilling to work towards mutually satisfactory resolution because of hostility, time or cost constraints,etc. Process: arbitrator acts as “rent-a-judge” Outcome: win-lose

15 Case Study for Third Party Neutral Definition: neutral third party with subject matter expertise examines and evaluates the disputed facts central to a case Situation: specific knowledge or expertise required Process: evaluative and informative Outcome: information assists disputing parties in achieving resolution of the matter

16 Case Study for Conflict Management System Design Definition: “an approach to conflict management, grounded in a marriage of organization development, dispute systems design, and alternative dispute resolution principles and best practices”** Situation: organizational-based conflict management; large group-oriented focus Process: considers corporate hierarchy, philosophy, style, etc. Outcome: smoothly functioning organization

17 Case Study for Skills Training Definition: trainer teaches the skills necessary to manage conflict Situation: conflict management on an individual or organizational level Process: educational Outcome: ability to manage conflict in one’s own or others’ relationships in any context, e.g. business, family, etc.

18 ADR Institute of Ontario Not-for-profit organization with ~800 members An affiliate of the ADR Institute of Canada (~1800 members) Offers a directory of qualified ADR practitioners accessible through the website Code of Conduct and Rules of Practice Education, training and Accreditation Advocacy

ADR Institute of Ontario (cont’d) Alternative Dispute Resolution Institute of Ontario For more information, contact: Mena Peckan, Membership Services Manager

Questions?