Introduction: Why Conflict Resolution Skills Are in Demand
As courts become more crowded and issues demand faster and less expensive resolutions, many businesses and courts are turning to alternative dispute resolution (ADR) and mediation to resolve matters between parties.
ADR is a type of conflict resolution that bypasses courts and formal litigation in favor of a less rigid approach to legal disputes and workplace grievances. In ADR, parties appear before an administrative law judge. Rules of evidence are relaxed, so the arbitrator can consider evidence that might be excluded in court. The attorneys can agree between themselves on what they want to present.
Mediation is less formal. Parties meet with a neutral third party who assists them in resolving their differences. Human resources, community disputes, and small-claims courts are areas that use mediation with great effect. Disputes where parties must co-exist after the resolution require someone who can craft a reasonable solution rather than enforce a court order.
Mediation and ADR do not require a law degree, except for administrative law judges and the attorneys who present cases for their clients. While basic mediation certification is available at a county or city level, professionals should think about an advanced degree in dispute resolution.