WHAT IS ADR?课件.ppt

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WHAT IS ADR?课件

WHAT IS ADR? Alternative dispute resolution (ADR) is a term that has received much attention in recent years .ADR is a spectrum of processes, other than litigation , that can be used to resolve disputes. Some proponents have suggested that ADR stands for Appropriate Dispute Resolution since the processes used should be appropriate to the conflict that has developed. The ADR spectrum of processes includes negotiation, mediation, arbitration, and a number of other processes, some of which are variations or combinations of negotiation, mediation, and arbitration.; Processes in the spectrum vary in terms of the amount of time the process takes, the cost of participating in the process, the control of the disputants in determining the outcome of the process, the degree of involvement of neutral third parties in the process, and the likelihood that the disputants’ relationships will; The following ADR processes are presented in the order they appear in the spectrum, moving from processes that are shorter, less expensive, more in control of the disputants, and often better for the preservation of their relationship, to longer, more expensive, relationship-damaging processes where neutral third parties retain control .This list of processes is illustrative and not exhaustive. A number of the processes are discussed in more detail ;Conflict Prevention----If a conflict can be prevented, there will be no need for a process to resolve the dispute . Organizations can, for example, provide employee with dispute prevention training to avoid or prevent ;Partnering---One form of conflict prevention is partnering, a process often associated with the construction industry. Under this approach, before a project begins, the contractor, sub-contractors, architect, trades, and subtrades all decide how disputes will be resolved if they arise during con

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