1. 2 Introductions Biography 3 Agenda What is Conflict? Role of ADR ADR Continuum Benefits of ADR...

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Introductions

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Biography• <insert bio point>• <insert bio point>• <insert bio point>• <insert bio point>

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Agenda

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

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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

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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

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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

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Increasing coercion and hostility.

Decreasing control, flexibility, and chance of win-win outcome

ADR Continuum

Facilitation LitigationFact-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

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Benefits of ADR (cont’d)

• Relationship-saving• Can be customized• Process-oriented• Competitive advantage• Creative solutions• Empowering

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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 **

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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

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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

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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

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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

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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

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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.

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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

www.adrontario.ca

For more information, contact:Mena Peckan, Membership Services Manager

416-487-4447 admin@adrontario.ca

Questions?

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