Chapters 4 & 5

As much as I feel like some of the information is a bit over my head, I do have a better understanding of alternative dispute resolutions and the means of solving public disputes. I was amazed at how clearly the dispute pyramid displayed the different levels and how it still can be used on a wide array of issues. Its interesting how even the most complex of situations can be broken down into a very simple structure of events.

I also learned the difference between mediation and adjudication. Both involve a third party; however, the first is where the two parties come to their own resolution with the help of a third party, while the latter imposes a resolution on the parties, telling them how it should be handled. In other words, the first, mediation, is used as a means of better communication in resolving the issue, while the other, adjudication, has someone else make the decision (like a judge).

In Chapter 5 I learned that it is possible, and also very beneficial, to incorporate alternative dispute resolutions within the court system. It seems to save a lot of time, makes plans that all parties can “live with” and gives fair solutions to problems rather than having a judge rule who is “right”. Or even worse, continue to go in a judicial circle with no resolution at all. The alternative dispute resolutions also seem to keep all parties dedicated to the agreements, most likely due to the fact that all issues were addressed. I agree with the idea of creating a state office of mediation. I think it will only benefit our current system.