The Role of Effective Communication In Alternative Dispute Resolution

Humans survive on communication; without it, we would be incomplete and all our daily tasks rendered. But, we often assume whatever we want to say is conveyed appropriately. Humans are different from each other, and so is our perspective to receive any information. What we hear, we interpret it first and then accept the information that has been conveyed to us. It is why effective communication is necessary so that we interpret the information correctly. But here, we want to talk about why effective communication is imperative to resolving disputes through Alternative Dispute Resolution (ADR). 

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Effective communication is the critical factor in ADR; without it, disputes will never be solved. Even the slightest misunderstanding can lead to an unpleasant outcome of the case, which is why we want to share some steps of communication that are required in ADR:

Active Listening with empathy: Listen to others with empathy which means putting your foot in someone else's shoe. Try to understand the situation and the perspective of your opponent. This will provide you with a better judgment of the situation, hence helping in deciding the matter more clearly.

Body language: Non-verbal signs & gestures refer to the body language that we often use to convey our thoughts—using our hand gestures, for instance, in expressing our opinions. A person with confident body language is more likely to convince others to decide in their favor. Commonly used techniques in ADR:

Summarizing: It's a brief statement signifying the main points & the subject matter. It is imperative for effective communication, which is often followed by paraphrasing about the subject matter.

Reflecting – Reflecting states that the decisions must be made after listening to the other party and keeping in mind their views. This depicts whatever decision is being taken in the best interests of both parties.

Acknowledgment – means the acceptance of a fact or the existence of something. This is significant to win the trust of the parties while making decisions. Also, acknowledgment is a sign of effective communication.

These techniques of communication are very vital in ADR. A slight misunderstanding and everything can go astray. As you might know, communication is referred to as a medium of both verbal & non-verbal sensory channels. We, humans, first encode the information, transmit it and wait for others to decode it. There are three styles of communication:

Passive style – is a type of communication where an individual avoids excessive feelings, opinions, thoughts, etc. An individual who uses a passive communication style is often perceived as a person with low self-esteem & behavior that depicts a lack of action. In a nutshell, the person is an introvert. This leads them to isolate themselves physically and emotionally.

Aggressive style – is a way of communication in which the person communicates aggressively(verbally/physically), and is always on alert, and does not focus on the impact they have on others while communicating. These people have low self-esteem because they have experienced emotional or physical abuse in the past, so they always keep their guards up. They always try to dominate others by way of aggression, causing trouble to those in direct contact.

Assertive style – The assertive style is a fusion of passive and aggressive style in which individuals communicate their opinions and thoughts, keeping in mind other people's needs. This type of communication showcases high self-esteem and confidence. These people are perceived as extroverts and confident, and they accept other's points of view. 

Mediation and ADR have been present in our society for many years. Village panchayat, for instance, is also based on mediation. A wise and unbiased person acts as a mediator, the arbitrator, to resolve disputes. A person with a neutral mind judges from a neutral perspective and decides on the matter that is in the best interest of both parties. All this is possible because of effective communication.

Conclusion

Effective communication is essential in all parts of our life, but it is not something we are born with. We have to strive hard in this field of communication and work every day to improve our skills. It comes with hard work, patience, and practice. A person who works on his communication skills gets an edge over his counterparts. 

Good, Clear & Effective Communication Is The Need Of The Hour!
In Alternative Dispute Resolution also effective communication plays an important role. It helps in the clear understanding of the situation and prevents misinterpretation of the message, which leads to a solution on a particular matter. This establishes a long-term relationship which is beneficial in many ways. The main motive of ADR is to settle the dispute outside court by employing different means/methods, and with effective communication, these methods boons great results for both parties. Hence, making effective communication a vital tool in the Alternative Dispute Resolution Service. If you need an alternative dispute resolution service in India, make sure you hire an experienced alternative dispute resolution lawyer.