Dispute Resolution: Mediation

Parties to a dispute usually seek amicable methods of resolving their differences. There are two major approaches to dispute resolution, and these are adversarial and non-adversarial. Adversarial mechanisms refer to the methods in which parties contest a legal issue, and the matter is resolved based on the preponderance of the evidence (Merrills, 2002). Adversarial methods are mostly court-sanctioned and litigation is the most common method of adversarial dispute resolution. On the other hand, non-adversarial methods are often facilitated outside the court setting, though they may sometimes be recommended by the courts (Parselle, 2005). Non-adversarial methods are mostly conciliatory and seek to restore the relationships between the parties. In the history of dispute resolution, non-adversarial methods have proven to be a more effective method of resolving disputes as compared to the court litigation process.

Non-adversarial methods of dispute resolution gained prominence due to...