Alternative dispute resolution

Hardy, Samantha (2011) Alternative dispute resolution. In: Christie, Daniel J., (ed.) The Encyclopedia of Peace Psychology. Wiley-Blackwell, Chichester, UK, pp. 27-31.

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Abstract

In order to properly define the term alternative dispute resolution (ADR) it is important to consider the word dispute and how it relates to the concepts of conflict and conflict resolution. In practice the terms are often used interchangeably, although some scholars make a distinction between conflict and a dispute. The term dispute refers to the situation in which one person has perceived a wrong caused by another and some claim is made to, and rejected by, the other (Felstiner, Abel, & Sarat, 1981). Conflict is generally seen as something broader and may not include a claim and rejection (e.g., latent conflict). The phrase dispute resolution incorporates all methods of resolving disputes (ranging from informal negotiation to contested litigation).

Item ID: 25338
Item Type: Book Chapter (Reference)
ISBN: 978-0-470-67253-2
Keywords: alternative dispute resolution; collaborative problem solving; negotiation; conciliation; arbitration; early neutral evaluation; expert evaluation; mediation; collaborative law and conflict coaching; hybrid ADR
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Date Deposited: 19 Mar 2013 00:36
FoR Codes: 17 PSYCHOLOGY AND COGNITIVE SCIENCES > 1701 Psychology > 170199 Psychology not elsewhere classified @ 50%
18 LAW AND LEGAL STUDIES > 1801 Law > 180123 Litigation, Adjudication and Dispute Resolution @ 50%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940406 Legal Processes @ 100%
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