• Alternative Dispute Resolution: Options and Foundations for Conflict Management By Edna L. Deeb

• Mediation Training Presented by ELD Mediation Services By Edna L. Deeb

Alternative Dispute Resolution: Options and Foundations for Conflict Management      By Edna L. Deeb

Introduction

The purpose of this book is to give an introduction to the field of ADR by explaining the various alternatives, and explaining the fundamentals of each of the various processes and the neutrals involved therewith.

Over the years, Alternative Dispute Resolution (ADR) has become an essential part of many professions and businesses. In particular, many of the large corporations have implemented some form of ADR process to deal with conflict relating to employee relations, customer service issues, as well as contract disputes with vendors.

The legal profession has embraced ADR with courts instituting voluntary mediation and/or arbitration program for cases involving damages under a certain amount in controversy (i.e., California Rules of Court Section 1631-36 specifically provides that cases involving less than $50,000 in controversy "may be submitted" in mediation).

Further, administrative regulating authorities have established review boards, or contracted out mediation/arbitration panels, to help dispose of their cases. For example, the California Contractors State License Board has contracted out to an ADR service the administrative cases involving parties (i.e., homeowners, subcontractors, etc.) suing contractors. Such panel arbitrators are approved not only by the contracting service, but in accordance with the State Board's criteria as well. Also, although many of these cases are heard without legal counsel, some of the parties in these types of administrative cases employ the services of advocates to represent them (see Chapter 5 for a discussion of Advocates and their uses).

All forms of ADR involve a neutral. Whether that neutral is a decision making or merely a facilitator of communication between the parties, depends on the process involved (i.e., litigation involves a judge who is a neutral decision maker, whereas mediator is a neutral who does not make a decision, but rather helps the parties resolve the dispute.

Hence, this book is presented in two parts. Part I describes the most popular forms of ADR such as litigation, arbitration, mediation, and so on. It also describes the use of various other ADR professionals such as private judges, advocates, and ombudsmen. Finally, it gives an understanding of the various miscellaneous terms often heard in ADR, mostly used within the legal and governmental arenas (i.e., conciliators, referees, special masters, etc.).

Part II then discusses the actual foundation for effective conflict management which each neutral must possess in order to resolve conflict. This of course involves an understanding of the conflict modes people employ to resolve disputes (i.e., competition, collaboration, and so on see Chapter 3). In addition, it is important to understand the power bases (see Chapter 4) from which the parties attempt to influence others. One must also understand the art of persuasion and how negotiations place fundamental part in various ADR processes.

Power base and conflict modes are also personally essential for the neutral in order for the neutral to remain disinterested and uninvolved with the power struggle or collaboration issues of the parties which the neutral is trying to resolve.

Most importantly, however, communication is an essential key to resolving any form of dispute. The neutral must know how to understand with those employing these various modes, as well as to communicate the concerns of these individuals to communicate to the other side in order to effectively resolve such matters.

Lastly, this book briefly discusses various strategic planning for conflict management within various organizations in order for the student to prepare such a plan for their specific use, whether it be for a large corporation or a small personal business. There is an exercise at the end in order to help the student prepare an ADR program or policy for their own firm.

This book is a good reference for the various ADR and the roles of the various neutrals involved with each alternative. Although it is meant to be comprehensive, it is resolving and managing conflict are developed as the need arises.

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Mediation Training Presented by ELD Mediation Services      By Edna L. Deeb

Introduction

This book is intended to be used in conjunction with either the live presentation training course, or the cassette shortened version of E.L.D. MEDIATION SERVICES TRAINING COURSE taught by Edna L. Deeb.

E.L.D. Mediation Services hereby certifies that the live presentation has been approved by the State Bar of California for 30 hours of Minimum Continuing Legal Education (MCLE) credit, including 1 hour for Ethics, 1 hour for Law Practice Management, and .5 hour of Bias/Discrimination.

Stock and Real Estate Brokers, Certified Public Accountants, Physicians, Nurses, Family Therapists, and many others are welcome to take the course, and pursue continuing education credit on their own, by applying to their state regulating authority for approval.

The course is an excellent guidance tool for those dealing with business executives (management, human resources, etc.), personal relationships (parent/child, family businesses, partners-business and personal), community leaders, neighbors, etc. as it teaches basic communication skills to help deal with such issues.

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