DISPUTE

RESOLUTION
BARONESCU ROBERT
INTRODUCTION
There are two types of methods for conflict resolution:  classic system;  alternative methods
(ADR - Alternative Dispute Resolution). Classical system is represented mainly by the courts and
seeks, in most cases, punishing those who violated the norm. The system includes courts,
prosecutors, police, etc.
Alternative dispute resolution methods include a category of means and procedures for
preventing and resolving conflict assistance outside the courts, the method including:
Facilitation, Negotiation, Conciliation, Mediation and Arbitration and hybrid models Mediation -
Arbitration.
FACILITATION
Facilitation is an alternative method of solving conflicts by which a third party specially
prepared, neutral, impartial, objective and questions from group members, assist in the
achievement of the group who has proposed, taking into account the views of participants.
Facilitators are professionals who have thorough knowledge and skills specific dynamic process
groups and knowledge and skills in specific areas of interest in the group carries out its
assistance.
Facilitator:  organize working sessions;  builds and manages relationships between group
members and dynamics;  stimulate and coordinate the participation and creativity of group
members, helping them build the necessary solutions to achieve objectives;  assists group
members in the preparation and steps necessary to achieve goals;  process manages time and
resources;  maintain collaborative relationships within the group efficiency, objectivity, mutual
respect, integrity  lead the process of achieving objectives and does not impose its own
solutions: it controls the process, the outcome or not;  recorded, summarize, draw and edit
documentation work - and final stage.
NEGOTIATION
Negotiation is an alternative method of solving conflicts by the parties engaged in conflict trying
to reach an agreement to resolve disputes, using communication techniques, applied in a direct
dialogue.
Negotiation provides a framework that can be discussed and analyzed many issues that can be
achieved for many purposes. It’s the process of trying to get what you want, so that those who
negotiate and get what they want. Negotiating successfully achieve your goals, get the
cooperation and involvement of others and establish good working relationships or to improve
existing ones.
Negotiation involves two or more parties. Negotiating parties need to engage each other to
achieve the desired result. There is no point negotiating with someone if you have something
you want or you do not have anything to offer in exchange. Negotiation is a process of meeting
the differences. If you reach a complete agreement with the other hand, it makes sense that
when there is nothing to negotiate.
CONCILIATION
Conciliation is the procedure that aims to reach agreement on fighting parties to disputes such
as in divorce proceedings or in some jurisdiction for matters of legal commissions.
Conciliation is an alternative dispute resolution in which parties to a dispute agree to use the
services of a professional conciliator, who will meet separately with the parties in an attempt to
resolve the dispute.
In conciliation the parties are face to face very often, and when direct discussions are
discouraged, the procedures being performed by the conciliator. Given that the conciliation
process is completed successfully, prepare a document containing the agreement of the parties,
bearing their signatures.
By signing the conciliation agreement by the parties, this document is given the status of
contract, the obligations arising for the parties and which is subject to laws governing contracts.
MEDIATION - ARBITRATION
(MED-ARB)
Mediation - arbitration (MED-ARB) is a mixture between mediation and arbitration: the same
person may fulfill both roles successively, a mediator and arbitrator, or roles can be assigned to
different people. Med - Arb is another alternative way of solving conflicts in which mediation is
ongoing arbitration if the parties do not reach an agreement.
"Threat" arbitration may encourage parties to reach agreement only agreed to them. This
procedure is qualified as a hybrid form of ADR - Alternative Dispute Resolution, which consists
in starting procedures of mediation, following that if you reach a solution, but the parties want
to offer enforceable or not arrive at a solution this way, the parties to seek arbitration
procedure, considered the traditional dispute resolution that have a contractual component.
What is specific to this form is the third party who had no initial decision makers, get to act as
arbitrator, saying a binding solution.
CONCLUSIONS
The rights violated by individuals or entities and their repair damage, restore the rule of law
violated punishment of crime or abuse to the authorities is finality to individuals of any
proceedings pending before that judge. In a solemn and following the procedures laid down by
law, the judge is called upon to settle down by law disputes between states, between state and
individual, between legal entities, between them and the State or individuals or those born
only between individuals, saying the decision at the end of lawsuits, which determine which
party wins and losing.
Considering the high cost and the time required to resolve many disputes in court, it is
imperative to be used and alternative methods of dispute resolution, with lower losses - both
material and stress on the lengthy process taking place in adversarial proceedings.
Besides its classic process, recent theory of the court establishes - taking account of the
evolution and dynamics of modern social realities, but also to facilitate the settlement of disputes
- some alternative means of dispute resolution (ADR) Facilitation, Negotiation, Conciliation ,
Mediation and Arbitration and hybrid models Mediation - Arbitration.