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Alternative Dispute Resolution/Conflict Prevention

 About ADR/Conflict Prevention


What is ADR?

ADR/conflict prevention is a term that encompasses a broad spectrum of “upstream” and “downstream” strategies for preventing, managing, and resolving disputes outside of the conventional arenas of the courts, legislature, and administrative channels. The strategies are voluntary and confidential to the extent it is legally allowed. Upstream ADR focuses on conflict prevention strategies, and downstream ADR focuses on conflict management, and conflict resolution. Upstream ADR strategies are designed for situations in which conflict is not yet present, a conflict is just beginning, or there is a need to strengthen relations among parties. Downstream ADR approaches are more appropriate for conflicts requiring intensive management or involvement of a third party neutral to achieve resolution. In selecting an appropriate ADR strategy, participants should resolve a problem or address an issue at the lowest possible level of the organization and start with the least formal procedure possible. If the strategy fails, it is then recommended to select a more formal strategy. Keep in mind that many of the boundaries between the different strategies are not well-defined and that many strategies may contain elements of others. Any ADR strategy should be adapted according to the particular circumstances of a situation. Be aware that parties may be accompanied by legal counsel through any ADR process.