Alternative Dispute Resolution Mechanism

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ALTERNATIVE DISPUTE RESOLUTION APPROACHES AND THEIR APPLICATION

Yona Shamir Israel Center for Negotiation and Mediation (ICNM), Israel

(Assisted by Ran Kutner)

SC-2003/WS/43

The designations employed and the presentation of material throughout this publication do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The authors are responsible for the choice and the presentation of the facts contained in this book and for the opinions expressed therein, which are not necessarily those of UNESCO and do not commit the Organization.

ACKNOWLEDGMENT
This article is a contribution from UNESCO’s International Hydrological Programme to the World Water Assessment Programme. It was prepared within the framework of the joint UNESCO–Green Cross International project entitled “From Potential Conflict to Co-operation Potential (PCCP): Water for Peace,” and was made possible by the generous financial assistance of the Japanese government.

CONTENTS
Summary 1. Introduction and Overview 2. The ADR (Alternative Dispute Resolution) Spectrum 3. Negotiation: Principles and Procedures 3.1. Competitive and Integrative Models 3.2. Principles 3.3. Skills 3.4. Cultural and Identity Aspects 3.5. Psychological Aspects 3.5.1. Psychological Traps 3.6. International Negotiation 3.7. Negotiations Over Water 3.7.1. International Water Negotiations/Conflicts 3.7.2. Intra-national Water Negotiations/Disputes 3.8. Treaties 4. Mediation 4.1. The Advantages of Mediation 4.2. Positive Results of Mediation 4.3. The Role of the Mediator 4.4. Skills and Tools of a Good Mediator 4.5. The Problems that the Mediator Attempts to Resolve 4.6. Techniques and Strategies 4.7. Models and Approaches to Mediation 4.8. Controversial Issues in Mediation 4.9. Psychological Issues 4.10. Ethical Code, Issues, and Dilemmas 4.11. International Mediation 4.11.1. Mediation in International Water Conflicts 5. Consensus Building: Principles, and Procedures 5.1. Principles and Procedures 6. Conclusion 7. ADR Basics: Definitions Bibliography 1 2 4 6 6 7 10 12 13 14 16 18 18 21 22 23 24 25 25 26 26 26 27 29 29 30 31 31 33 33 36 37 40

ALTERNATIVE DISPUTE RESOLUTION APPROACHES AND THEIR APPLICATION Alternative Dispute Resolution comprises various approaches for resolving disputes in a non-confrontational way, ranging from negotiation between the two parties, a multiparty negotiation, through mediation, consensus building, to arbitration and adjudication The article introduces the key skills required, with particular attention to their important role in the process of negotiation and mediation, with examples of their application in national and international water conflicts. Conflict is endemic to human society, among individuals and groups, and it is important to manage it. We find stories in the Bible, in the Islamic culture, among Native Americans, First Nations in Canada, and many other traditions that describe processes that have been used from the earliest times to find peaceful solutions to various disputes, and much can be learned from the past. In recent decades, the various conflict resolution approaches have become a widely accepted field both of academic study and of practice, with official and/or legislative functions in many countries. In international relations, they plays an increasing role in containing, managing and resolving potential sources of conflict. The article reviews its complex development. While conflict can be dangerous, it also carries the possibility of producing creative cooperation in a win–win solution. The key to this is for participants to engage as joint problem solvers, seeking to resolve the dispute, and to try and “enlarge the pie” rather than acting as adversaries and aggravating the situation. A mediator can play a valuable role in this process,...
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