Universidad Autónoma de Nuevo León

Facultad de Derecho y Criminología

Cultura de la paz
Licenciada Verónica Alvarado Valdés
Aide Alejandra Rodríguez Cruz
Matrícula 1629713
Grupo 021

Monterrey, N.L., 12 de octubre de 2016

Alternate Dispute Resolution methods

Alternative methods Dispute Resolution (AMDR) are complementary mechanisms

to court proceedings to resolve or settle disputes or conflicts that are inherent to life
in society.

ADR are subdivided into the following types:

1. Negotiation

2. Mediation

3. Reconciliation

4. Arbitration.

Negotiation

It is the most common method of conflict resolution, is an alternative dispute

resolution mechanism consisting of a voluntary and direct communication process.

The objective of any negotiation is to make two or more persons come to an

agreement through discussions and exchange of views of representatives,
because the basic problem of a negotiation usually involves the needs, desires,
concerns and fears of people involved in the conflict.

The negotiation has 7 stages:

-Alternatives. Various options or paths with which the parties that have a conflict
have to try to negotiate. They dispute or not can sue cannot do anything, etc.

-Interests and positions. In any negotiation process we must clearly identify what
are the positions of the parties and what their real interests or needs that are
behind the starting positions agreement is better and that it meets the interests of
the parties.

-Options. Range of possibilities by which the parties can reach agreement and
meet their needs. Here we must differentiate the options with the alternatives as
these are the ways for the parties to the conflict before entering to the negotiation,
the options are those that appear after that they are already started negotiating.
The more options to resolve the conflict arise greater possibilities of the parties to
solve them.

-Criteria. They are used to evaluate the various options that emerged in mediation
and choose the one that best suits to the case. Criteria can be of commercial
value, customs, materials, etc.

-Relationship. The negotiations will have produced a better result to the extent that
the parties have improved their capability to work together as we seek to maintain
healthy relationships, is more likely that when reoccurrence any confrontation
between the two participants will have created the necessary conditions to try
again resolve the conflict in this way.
-Communication. Elements that helps us improve the relationship of the parties to
the conflict and to promote brainstorming in generating solution options, and this
only can be accomplished through communication.

Commitments. Oral or written statements that specify what a party will or will not
do. These can be made during the course of the negotiations and the final
agreement will be better to the extent that commitments have an approach and
structure that are easily viable and verifiable understanding.

Mediation

Mediation is also known as an assisted negotiation. Is the most ideal alternative

method for transforming conflict for the establishment of a culture of peace by
being a promoter of the values mentioned before and the social empowerment that
is given to those involved.

It is one alternative methods for the peaceful transformation of conflict based on a

communication process in which a third party called the mediator, who guides and
helps the involved parties in the conflict to work together through techniques that
enhance participation intervene and empowering of the parts to be themselves in
the achieving a positive solution and end their conflict.

Conciliation

By conciliation it is understood to be an alternative method for conflict

transformation in which a third party is involved and is known conciliatory that is an
expert in the matter that facilitates communication and can promote action
settlement to the parties.
Conciliation is a conflict resolution mechanism through which two or more people
who have by themselves the resolution of their differences with the help of a
neutral and qualified third party known as a conciliator.

It also notes that reconciliation is more than a simple contract or agreement and of
course constitutes a substantially different institution than other alternative
mechanisms.

Arbitration

It is perhaps the most formal and legal alternative method for conflict resolution
because it is developed under different guidelines that are accepted by the parties.
These guidelines or patterns can be created by international organizations based
on international facultative regulations or laws or codes established by
organizations or professional traders.

The arbitration is set when the contestants go to a third party that is not involved in
the conflict and is subjected to the opinion of the third party on the conflict.

This methods are important for the culture because having disagreements with
people is something normal that happens every day and is important to solve them
without creating further disagreements and misunderstandings. This methods give
us the chance of a solving a problem without going straight to force the other part
to fulfill something that they don’t agree to, instead, we have the chance to discuss
things and arrive to a solution that beneficiates the parties involved.