MUSLIMS AND CHRISTIANS NEED Alternative Dispute Resolution (ADR) TO SOLVE THE BOKO HARAM ISSUES IN NIGERIA. Part 4
ALTERNATIVE DISPUTE RESOLUTION (ADR)
This refers to a process of resolving disputes in an out of court environment. As a result of the large number of cases that pass through formal litigation, many cases are requested to consider ADR prior to being heard in a court of law. Mediation, Negotiation, Collaborative Law as well as Conciliation are the main categories included in the term ADR. Other types include Dispute resolution, and Conflict resolution.
With the exception of Negotiation, all ADR procedures require the presence of a neutral individual who will act as a facilitator and catalyst to open communication. In Collaborative law each party will retain their own counsel to act in the same manner as the neutral individual, but will retain their client best interests at all times.
THE ADVANTAGES OF USING (ADR)
Saves time and money: Court cases can take months to be heard whilst getting involved in ADR means that timeframe is under the control of both parties and can be resolved much quicker. In addition to saving time, you can also save a substantial amount of money as there is no need to pay attorney fees, court costs and fees that may result from bringing in experts.
More Personal Control: In ADR, both parties will have control over the outcome and will be able to offer solutions that would not be available if the case were brought before a judge. Creative solutions can result in each party being able to adjust their expectations to a common ground or can have an expert offer advice and guidance as in arbitration.
Restoring Cooperation: Due to the nature of ADR, the informal environment enables people to resolve disputes outside of the hostile courtroom where the tone is almost always adversal.
Win-Win Outcome: The outcome of ADR is a mutually beneficial conflict resolution where both parties feel comfortable with their own level of compromise. This is very seldom achieved in a court of law where there essentially has to be a winner and a loser.
TYPES OF ALTERNATIVE DISPUTE RESOLUTION (ADR)
Mediation
Mediation is one of the most popular ADR methods and it involves an impartial third party or mediator to assist in getting two conflicting parties to open dialogue and the parties find a mutually agreeable solution to their conflict. Mediation is ideal for parties that have a relationship that they wish to maintain and restore. (Just like the Boko Haram issue in Nigeria)
Conflict Resolution
Conflict resolution along with dispute resolution and alternative dispute resolution ( ADR) are methods of addressing various sources of conflicts and finding methods of resolving this conflict in a manner that may or may not require legal action.
Conflict management is often confused with conflict resolution, but the management of various conflict issues such as terrorism is a long term approach to an issue and may or may not end in resolution. Conflict resolution is the act of resolving a dispute between two parties.
Conflict Management
Conflict management is required in times of conflict in order to limit the negativity which is counter productive in a team oriented environment. It requires implementing strategies that are used to turn the conflict into a productive aspect of team work. Unlike conflict resolution which aims to resolve and eliminate conflict via mediation and negotiation, conflict management is aimed at making the most of the learning process that conflict can invoke and ensure that the dysfunctions of conflict are kept to a minimum to ensure the highest level of learning through challenge.
Learning conflict management skills will assist us in all areas our lives and having an understanding of how we deal with particular conflict issues will facilitate any further education as well as working relationship we have with people around us.
There are various types of conflicts especially the one we impose on each other in our personal lives.
Understanding the nature of conflict and how we react to it can assist in overcoming the problems. In addition there are various methods that can be implemented in order to resolve the Boko haram issue that is at hand. While conflict may seem to be a stumbling block in our lives, it can also be an excellent learning curve and can result in a much better understanding of how to address certain aspects of our lives.
IT’S HIGH TIME WE FOUND OUT EXACTLY WHAT THE BOKO HARAM SECT WANT AND WHY THEY ARE DOING WHAT THEY ARE DOING.
