Dispute Resolution.

Required book to use

Macfarlane, J., Manwaring, J., Zweibel, E., Smyth, G., & Pearlstein, A. (2011). Dispute resolution: Readings and case studies (3rd ed.). Toronto: Emond Montgomery Publication

Please pay close attention here, Writer, use half a page for each one thank you.

Choose one aspect of ODR discussed in the reading material as an advantage, or as a beneficial characteristic. Present an opposite view, showing how this aspect could actually turn out to be detrimental for dispute resolution.

Next, pick one aspect of ODR discussed in the reading material as a detriment, a flaw or a drawback to dispute resolution. Present an opposite view, showing how this aspect could turn out advantageous for dispute resolution.

Try and choose aspects that are meaningful to you, or respond to critique or categorization you strongly disagreed with.

Post these in two separate posts, one with the ‘advantage’ and one with the ‘detriment’, noting each in the header (e.g., Susan Smith – ‘Benefits of ODR’ or ‘John Jones – ODR Drawback’ )

Example A

LESS CONFRONTATIONAL CAN BE DETRIMENTAL

One aspect of online dispute resolution that is presented in the book as a beneficial characteristic is that it is less confrontational (Macfarlane, Manwaring, Zweibel, Smyth & Pearlstein, 2011, p. 431). Macfarlane states that “the computer provides an emotional distance between parties, allowing them to accurately evaluate the merits of their respective cases” (Macfarlane et al., 2011, p. 431). It is also mentioned that it gives parties time to reflect on their positions before articulating them (Macfarlane et al., 2011, p. 431). While this may be advantageous in some situations, I could see this aspect turning out to be detrimental to dispute resolution in others. The fact that online dispute resolution is less confrontational could also encourage people to say things that they would not normally say to someone if they were face to face. This could escalate the conflict. It could give someone the courage to be more rude/confrontational/belligerent because they know they will never have to be in the same room as the opposing party. So while being less confrontational could cause some people to be more respectful and keep their emotions in check, it could cause others to say things they normally would not.

Macfarlane, J., Manwaring, J., Zweibel, E., Smyth, G., & Pearlstein, A. (2011). Dispute resolution: Readings and case studies (3rd ed.). Toronto: Emond Montgomery Publication

Example B

Missing Human Interaction Might be Beneficial

Missing the element of human interaction is often viewed as a disadvantage due to the inability to view nonverbal cues and the mediator’s inability to recognize if the disputing parties are actively engaged in the process (Macfarlane, 2011 p441). I argue that missing human interaction might actually be advantageous for dispute resolution.

A drawback of face-to-face ADR results when parties interact in an emotionally driven way and may say things that could harm both the relationship and the possibility to achieve dispute resolution. In ODR, the mediator could screen the messages before allowing the opposing party to view them. The possibility of asychronouse interaction (Macfarlane, 2011 p438) reduces impulse communications that might be emotionally driven and detrimental to the overall outcome of the dispute. Missing this aspect of human interaction would not be missed in ODR.

For the informal ADR processes, a lack of human interaction could be very advantageous to promote communication and comfort. Specifically, ODR is available 24/7 (Macfarlane, 2011 p430) and in any physical environment. It is reasonable to believe that participants may be more apt to open lines of communication when they are in the comfort of their own home and can participate on their own time.

Macfarlane, J. (2011). Dispute resolution: Readings and case studies (3rd Ed.). Toronto, Canada: Emond Montgomery Publications.

Place this order with us and get 18% discount now! to earn your discount enter this code: summer17 If you need assistance chat with us now by clicking the live chat button.