Rethinking Mediation as a Viable Alternative Dispute Resolution Mechanism in Effective Conflict Management

Abstract

The realm of Alternative Dispute Resolution has expanded dramatically due the setback court system brought to justice delivery across the globe. The study examined mediation as a viable alternative dispute resolution mechanism in effective conflict management. The work adopted a change management theory as its theoretical structure. A descriptive method of research was adopted to carry out the task of the paper. Hence, the data gathering is limited to secondary sources. The study found that mediation has become an efficient process of resolving dispute with almost maximum record of success due to its compassionate disposition, satisfactory decision, legitimacy, and cooperative tenet among others. Despite its overwhelming merits over litigation, a number of flaws among perception of favouritism, inadequate training, lack of precedent, and uncertainty outcome were identified by the work. The study concluded that reawaken of mediation process as a means of conflict resolution was to assist in identifying and healing the inadequate of court system. The study recommended general awareness of the principle of mediation to dispel perception of favouritism, effective and constant training of mediators, documentation of cases handled by mediation centre and binding mediation process. Greater publicity of the existence and activities of mediation process is also pivotal.