Conflict Resolution: Theory and Principles of Arbitration

This report delves into the core of conflict resolution, examining the theory and principles underpinning various dispute resolution methods. It highlights the shift from traditional litigation towards Alternative Dispute Resolution (ADR) processes, emphasizing their efficiency and cost-effectiveness. The report focuses on arbitration, mediation, and negotiation, with a particular emphasis on the role of negotiation as a primary means of resolving disputes. It also explores the legal and practical aspects of these methods, including the involvement of attorneys and the use of written communication. The report underscores the benefits of ADR, such as reduced court expenses and a more streamlined process for resolving conflicts. It also provides a reference list including the key sources used in the report.

Running head: THEORY AND PRINCIPLES OF CONFLICT RESOLUTION
Theory and Principles of Conflict Resolution
Name of the Student
Name of the University
Author Note

1THEORY AND PRINCIPLES OF CONFLICT RESOLUTION
The UNCITRAL Model Law International Commercial Arbitration has changed the
disputing resolving culture in business environment. Alternative Dispute Resolution (ADR)
refers to the various means of settling disputes outside the court. The most common method of
arbitration includes conciliation, negotiation, and mediation. The growing rates of litigation and
time-consuming procedure involved in litigation have led to the disputed parties resort to
alternative dispute resolution process as a more suitable means to resolve their disputes as
compared to the litigation process. While the most common forms of arbitration mechanisms
include mediation and arbitration, but negotiation is considered as the most suitable form of
arbitration by most of the disputants to resolve their disputes1.
Negotiation encompasses all forms of Alternative Dispute Resolution as it aims at
enabling the disputant parties to settle the dispute between themselves in the presence of their
attorneys, if required, without any interference from any third party. The other method used in
negotiation process includes writing and communication process between the disputants
provided it be not prevented by the court2.
This process is not only cost-effective but saves court expenses of the parties. Thus, this
process serves the purpose of the ADR to resolve the disputes between parties without resorting
to litigation and in an effective manner.
1 Menkel-Meadow, Carrie. "Mediation, arbitration, and alternative dispute resolution (ADR)." (2015).
2 Goldberg, Stephen B., et al. Dispute resolution: Negotiation, mediation and other processes. Wolters Kluwer Law
& Business, 2014.

2THEORY AND PRINCIPLES OF CONFLICT RESOLUTION
Reference List
Goldberg, Stephen B., et al. Dispute resolution: Negotiation, mediation and other processes.
Wolters Kluwer Law & Business, 2014.
Menkel-Meadow, Carrie. "Mediation, arbitration, and alternative dispute resolution (ADR)."
(2015).