Communication and ADR
Speaking is an essential mechanism in constructing and developing interpersonal human relationships to attain social integration. But it plays an even more critical role in the dispute resolution process. Communication can either make our argument strong or make it susceptible to outside influence. Alternative Dispute Resolution is one such method of dispute resolution which depends majorly on communication. Communication is the main factor that influences society. Efficient communication helps and prevents communication barriers that occur and eliminates them, and reaches a fruitful conclusion.
- Effective communication between the parties involved during further conflict tension the connection between them, even over the shortage of communication, while effective communication can generate the foremost unexpected beneficial solutions.
- Mediation which is a form of ADR occupies the foremost important place for that: “Mediation may be a communion of reflections of the realities encountered, and expression of feelings like a mirror of the elements felt, not thought. Mediation may be a process that develops the likelihood of substituting another person and takeover feelings, in a neutral way, without judging or imposing a vision by accepting the evolution of the opposite, giving dignity and respect (Gherga, E. and Gherga, G., 2000: p. 89).
Alternative dispute resolution (ADR) is not just a procedural amendment of justice but maybe a beneficial change within mentality and culture/organizational culture. Mediation has always existed in traditional societies consisting of small groups of individuals. An adviser, as an authority, was meant to act as a mediator when the appearance of a conflict situation requires it. Thus, ADR can resolve tons of conflicts with the sine qua non-condition as parties to need it. Mediation is often used successfully in litigation pending civil courts, family disputes, inheritance, criminal cases, divorces, collective labor disputes, etc., by establishing an accurate communication system allowing parties or organizations involved within the conflict to succeed in a win-win agreement.
Given that, traditionally, the mediator or arbitrator or negotiator is seen as a neutral person who the parties mutually agreed on, considers impartial, experienced in conflict resolution, and is believed to be helpful, we conclude that the methods of effective communication and hence assertive communication style may be a viable solution, a necessary and significant tool in conflict mediation. Communication is a crucial factor in ADR. Without it, disputes & conflicts can't be solved. Every method of ADR requires one or another sort of communication, be it mediation/arbitration or the other form. The slightest misunderstanding can change the understanding & outcome of the case. That is why clear and efficient communication is a must. The main motive of ADR is to settle disputes outside court by employing various means/methods. It can be concluded that effective communication plays a pivotal role in dispute resolution and is necessary & the foremost important tool in Alternative Dispute Resolution (ADR).
(This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, or Religion, Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre Foundation shall not be responsible for any errors caused due to human error or otherwise.)