ARBE6406 Negotiation and Conflict Resolution Assignment
Questions:
2. Describe a feature of the Family Dispute Resolution Process that would mean Family Dispute Resolution may NOT be a good option to resolve this dispute. Use quality academic references to support your answer.
3. Describe a feature of the Collaborative Law Process that would make Collaborative Law a good option to resolve this dispute. Use quality academic references to support your answer.
Answers:
1. Facilitation s a process which helps people to achieve their goals through a third part involvement which resolve any disputes or conflict between the parties. In this process different nature people comes with different of aspects of conflicts. This is an important part of resolve the conflicts of Alternative Dispute Resolution or ADR. In facilitation, the facilitator for
med some small groups of people where they work in collaboration with other institutions or organization which is also known as consensus –building process. According to the interest and positions of the conflicts, the facilitators work on the resolving process.
In the facilitation process, the facilitators who are arrange a private meeting with their clients for solving the conflicts. It is their duty to form a proper structure before start the process. The proper guidelines of them will help the parties to solve the conflicts in a smooth way and which will help them to decide final decisions. The process always proceeds through the discussion between the parties and the facilitators ("Alternative dispute resolution | Attorney-General's Department", 2017).
2. The parties who have conflicts between their family members or the parents who have any disputes in parenting those are all can resolve their issues through the Family Dispute Resolution (FDR) process. The family violence or abusing any child or any kind of family disputes between the members of the family can resolve their issues through the process. If there any other kinds of urgent issues arise, Family Dispute Resolution (FDR) help to resolve all the disputes (Manning 2015).
The family dispute resolution never deals with some disputes like child abuse, sexual harassment or any grievous harm to any party. If there is any positive way to solve the disputes between the family members which are related to the marriage or any parenting issues, then only the ADR resolve the disputes.
3. Collaborating Law process is a process, where parties do not want to follow the traditional litigation but want to solve their conflicts between their family members. The couples who are married and want to separate from each other and also divorce to their partner and conflicted with some issues they can use this process (Menkel-Meadow 2015). This process is also known as collaborating practice, divorce or family law.
In this process, the parties must follow some values which will help them to process the procedure in a smooth way. The parties and as well as the practitioners always keep their information privately and they never insulate the children who are belongs from their parties. The Parties always respect each other according to their discussion related to the disputes. In this process no party can go to the court, if they do such acts then from those moments the collaborative process will terminated (Ware 2016).
Reference
Alternative dispute resolution | Attorney-General's Department. (2017). Ag.gov.au. Retrieved 10 June 2017, from https://www.ag.gov.au/LegalSystem/AlternateDisputeResolution/Pages/default.aspx
Fleischer, J. M., & Zumeta, Z. D. (1997). Group Facilitation. Disp. Resol. Mag., 4, 4.
Gerencser, A. E. (1998). Alternative Dispute Resolution Has Morphed into Mediation: Standards of Conduct Must Be Changed. Fla. L. Rev., 50, 843.
Manning, C. (2015). Defining Conflict Resolution.
Menkel-Meadow, C. (2015). Mediation, arbitration, and alternative dispute resolution (ADR).
Ware, S. (2016). Principles of Alternative Dispute Resolution. West Academic.
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