ABSTRACT

This chapter considers the essential approach of Alternative Dispute Resolution (ADR) as an attempt to return to more appropriate methods of resolving disputes with a number of benefits compared to existing methods. It explains that ADR has had to challenge existing culture and practices, but that change has been made possible with the development of Centre for Dispute Resolution and others campaigning for ADR use. The chapter peovides a story that illustrates on the one hand how adversarial negotiations can develop into impasse through assumptions and misunderstanding with consequent poor communication and deteriorating relationships—all adding to an increased sense of grievance and self-justification that further impede problem-solving. On the other hand many adjudications may miss the point, may feel to meet the real concerns of the parties and may ultimately divide the parties even further after one or both loses.