Alternative Dispute Resolution

ADR

           Currently, on a global scale, alternative dispute resolution processes are utilized throughout business and government alike.  “Increasingly, the international business community is using arbitration to resolve commercial disputes arising in the global marketplace” (American Arbitration Association, 2010).  The American Arbitration Association created The International Centre for Dispute Resolution (ICDR), which “is premised on its ability to move matters forward, facilitate communications, ensure that qualified arbitrators and mediators are appointed, control costs, understand cultural sensitivities, resolve procedural impasses, and properly interpret and apply its International Arbitration and Mediation Rules” (American Arbitration Association, 2010).  “Companies that engage in domestic mediation to solve problems want the same options for dispute resolution with overseas customers or clients” (Moffitt & Bordone, 2005, p. 443) as well.

In addition, globalization has led to standardizing terms of arbitration, negotiation, and litigation thus increasing judicial cooperation.  Arbitration, whose roots developed from international commercial dispute resolution, continues to serve as a method “for dealing with commercial disputes across borders when domestic laws” (Moffitt & Bordone, 2005, p.446) are differing and obscure.  International diplomacy, international relations, and foreign affairs utilize dispute-settlement negotiation and deal-making negotiation in order to settle hostage situations and foreign arrests, or to craft treaties.  Also, international mediation “has become even more institutionalized and promoted as an alternative to warfare” (Moffitt & Bordone, 2005, p.444).

In the future, alternative dispute resolution practices will continue to resolve business and commerce issues, border conflicts, etc.  As the world continues to connect, varying individuals, businesses, and government, through globalization and increased communication technologies, conflict will increase requiring ADR to be utilized in abundance on a grand scale and force these strategies to evolve in the process.

References:

American Arbitration Association. Dispute Resolution Services Worldwide. Retrieved

            May 27, 2010, from http://www.adr.org/icdr.      

Moffitt, M.L. & Bordone, R.C. (2005) The Handbook of Dispute Resolution.

            San Francisco, CA: Jossey-Bass.