"Alternative dispute resolution (ADR), or external dispute resolution (EDR)"
How to deal with disputes with landlords, roommates, or neighbors. Understanding your rights as a renter or homeowner and knowing when to seek legal advice or mediation.
Negotiation Skills: Understanding the art and science of effective negotiation is key in resolving disputes regarding housing. Negotiation skills involve understanding the parties involved in the dispute, identifying interests and needs, and finding mutual grounds of agreement.
Conflict Management Techniques: Dealing with disputes can be emotionally charged, leading to escalated conflict if not well-handled. Conflict management techniques include de-escalation, cooling off periods, and understanding the root cause of conflict to find practical solutions.
Effective Communication: Communication is crucial in resolving disputes. Effective communication involves active listening, clarifying information to avoid misunderstandings, and using assertive language to express issues.
Legal Frameworks: Understanding the legal frameworks that govern housing disputes is essential in ensuring a seamless resolution. These frameworks include landlord-tenant laws, rental agreements, and contractual relationships.
Mediation: Mediation is a dispute resolution process that involves a neutral third party facilitating communication between the parties in conflict. This technique aims to find mutually agreeable solutions, save time and legal costs.
Conflict Resolution Models: There are several conflict resolution models that are useful to understand when dealing with housing disputes. They include the Collaborative Problem-Solving model, Prisoner's Dilemma model, and Thomas-Kilman Conflict mode Instrument.
Emotional Intelligence: Disputes can trigger emotions, and understanding emotional intelligence is essential in handling housing disputes. Emotional intelligence relates to self-awareness, self-management, social awareness, and relationship management.
Customer Care: In housing disputes, it's vital to maintain excellent customer care. Customer care includes communicating effectively, building trust, and keeping promises made to resolve disputes.
Active Citizenship: Active citizenship involves taking up an active role in resolving disputes, speaking out against injustice, and volunteering in communities. This skill can help resolve disputes regarding housing in community settings.
Cultural Sensitivity and Diversity: Disputes regarding housing can sometimes involve persons from diverse backgrounds. Understanding cultural sensitivity and diversity can help build bridges and resolve conflicts in such scenarios.
Mediation: A structured process in which a neutral third party helps two or more parties communicate more effectively and reach a mutually acceptable solution.
Arbitration: A process where an impartial third party hears both sides of a dispute and makes a decision which is binding on both parties.
Litigation: A legal process in which a dispute is resolved in a court of law through a trial or other legal proceedings.
Negotiation: A cooperative process in which all parties work together to find a mutually acceptable solution to a dispute.
Restorative Justice: A process that aims to repair harm caused by a wrongdoing by bringing together the victim, offender, and community to reach a resolution.
Ombudsman: A neutral third party who investigates and resolves complaints or disputes between two parties.
Collaborative Law: A process in which parties work together with their lawyers to find a mutually acceptable solution to a dispute, without going to court.
Peer Mediation: A process where trained student mediators help other students to resolve conflicts or disputes.
Community Mediation: A process in which trained mediators work with members of a community to resolve disputes and prevent violence.
Conciliation: A process in which a neutral third party helps two parties to better understand each other's positions and interests, and find a mutually acceptable solution to their dispute.
"...denotes a wide range of dispute resolution processes and techniques..."
"They are used for disagreeing parties who cannot come to an agreement short of litigation."
"ADR is also increasingly being adopted as a tool to help settle disputes within the court system."
"...ADR has gained widespread acceptance among both the general public and the legal profession in recent years."
"In 2008, some courts required some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried..."
"Additionally, parties to merger and acquisition transactions are increasingly turning to ADR to resolve post-acquisition disputes."
"The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute."
"Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of this use of mediation to settle disputes."
"Since the 1990s many American courts have also increasingly advocated for the use of ADR to settle disputes."
"...it is not clear as to whether litigants can properly identify and then use the ADR programs available to them, thereby potentially limiting their effectiveness."
"...or external dispute resolution (EDR)"
"ADR is also increasingly being adopted as a tool to help settle disputes within the court system."
"This means that attendance is compulsory, not that settlement must be reached through mediation)."
"...to resolve post-acquisition disputes."
"...the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute."
"Some of the senior judiciary in certain jurisdictions (of which England and Wales is one)..."
"...increasingly advocated for the use of ADR to settle disputes."
"...it is not clear as to whether litigants can properly identify and then use the ADR programs available to them..."
"...a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party."