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The Use of ADR Processes When Dealing With Conflict Alternative Dispute Resolution (ADR) describes a range of different processes, alternative to litigation, that typically involve an impartial third party who assists in identifying issues and developing options or alternatives that endeavour to reach an agreed resolution.1 The ADR processes such as mediation and negotiation have been highly successful in many different circumstances by allowing parties to identify, confront and resolve the positive and negative aspects of the conflict in issue. Conflict can occur in many different circumstances and involve a wide range of relationships that can appear in any ordinary setting. Conflict is commonly portrayed as negative when associating the feelings that occur as a result of physiological or psychological needs that are unmet, or differences that have been unrecognised or unacknowledged.2 These negative effects arising from one or many disputes promotes feelings of aggression, distress and fear, it degenerates relationships, obstructs communication, creates a dysfunctional method of interaction and may provoke violence.3 These negative aspects of conflict hinder self-development and allows’ one to become self-destructive which, in turn, has a drastic effect on themselves and the people around them.4 The conflict between parties may reach a certain point in their relationship, where they can no longer avoid their disagreements and in finding a solution, may seek help in a variety of ways. This is where a conflict can become a positive aspect of a relationship, by using problem solving techniques such as negotiation or mediation, the differences may not only be resolved but the relationship may become stronger.5 When parties endeavour to resolve a conflict there are many positive factors such as; they are motivated to problem solve, they release tension, it assists in personal growth and development, encourages; self-assessment, communication, an awareness of their interests and supports the exploration of the other parties wants and needs, creating a deeper understanding of that person or group of people.6

Mediation Mediation is a dispute process that involves the intervention of an impartial third party, known as the mediator, who assists the parties to make their own decisions by allowing them to communicate effectively with one another in order to make informed decisions about isolated or broad disputes. Mediators do not offer advise to the parties but inform about the feasibility of the options concerning their dispute.7 There are three approaches of mediation: facilitative, evaluative and shuttle. Facilitative mediation concentrations on negotiating an individuals’ needs and interest, rather then they’re legal rights or obligations. A mediator, during evaluative mediation, takes a further step to actively reach an agreement by offering ideas and 1 National Alternative Dispute Resolution Advisory Council (NADRAC), ‘Issues of Fairness and Justice in Alternative Dispute Resolution Discussion Paper’ (1997) 3. 2 Tania Sourdin, Alternative Dispute Resolution (Lawbook Co, 4th ed, 2012) 8. 3 G Tillett and B French, Resolving Conflict, A Practical Approach (Oxford University Press, 3rd ed, 2006) 16. 4 Ibid. 5 Christopher W Moore, ‘The Mediation Process’ (2014) Wiley 8. 6 Susan S, ‘Conflict Management for Managers’ (2012) Wiley 6. 7 Tony Whatling, ‘Mediation Skills and Strategies’ (2012) Kingsley Publishers 22.

potential solutions. The objective of shuttle mediation is to separate the parties in order to change, what may be aggressive or ineffective communication between the parties, to identify and resolve the issues in dispute. An efficient mediator is able to successfully modify the conversation by interchanging between these approaches, depending on the needs of the individuals involved in the mediation.8 The three models of mediation include interest based which incorporates Fisher and Ury’s negotiation principles into mediation, transformative mediation where the mediator promotes empowerment and recognition of the parties interests, and narrative mediation which is based on a social constructionist theory where an individuals experiences form a story that is deconstructed by the mediator.9 The interest-based model is the most common model used during facilitative mediation and incorporates several stages created by Alan Stitt. These stages include: setting the table, story telling, determining interests, determining issues, brainstorming, selecting options and providing closure.10 The resolution of conflict Conflict is assumed to be inherently negative as a result of the adverse aspects attributed to the word ‘conflict’. This word is used to describe political disagreements or even wars, and it is the media who is mostly accountable for our perception of this word. Even so, it is our response to conflict that actually establishes whether a matter of issue will be beneficial or damaging.11 By using mediation or negotiation as this response to the issue, the parties are better able to resolve the problem constructively as apposed to the possible destruction that could occur if the problem is not properly solved. Alternative dispute resolution processes such as the two discussed above will benefit parties through these confidential meetings, which are cost effective, faster, not legally binding, and through a more relaxed setting the parties are able to communicate effectively and maintain a high level of control over the outcome of the mediation or negotiation. These benefits outweigh the negatives of destroying the relationship between the parties who cannot come to a successful resolution and also prevents the use of court proceedings, which are costly, slow processes, that are legally binding.12

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8 Laurence Boulle, Mediation, Principles, Process, Practice (LexisNexis, Butterworths Australia, 3rd ed, 2011) 33. 9 Tania Sourdin, Alternative Dispute Resolution (Lawbook Co, 4th ed, 2012) 57. 10 Allan J Sitt, Mediation: A Practicle Guide (London Cavendish, 2004) 144. 11 Nadja Alexander, Negotiation, A how to guide, (LexisNexis Butterworths Australia, 2015) 42. 12 Gary T Furlong, The Conflict Resolution Toolbox, (John Wiley & Sons Canada, 2005) 31....