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ARTICLE · 23 NOVEMBER 2022

Alternative Dispute Resolution- Part 2

Zenas Chambers, ChimwaMurombe Legal Practice
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This is a continuation of our discussion of the various forms of Alternative Dispute Resolution also commonly referred to ADR.

ZimbabweLitigation, Mediation & Arbitration

This is a continuation of our discussion of the various forms of Alternative Dispute Resolution also commonly referred to ADR.

The main forms of alternative dispute resolution include:

  1. Negotiation
  2. Arbitration
  3. Mediation
  4. Conciliation

Negotiation

This is a back-and-forth communication between parties designed to reach an agreement. The object of negotiation is to ultimately achieve a durable agreement as efficiently as possible with least damage to parties' relationship. This in turn entails that parties should meet each other's legitimate interests to resolve the parties' conflicting interests fairly. The first step would be diagnostic in nature. Each party seeks information about each other's position and identifies the issues. Next parties identify their respective interests in search for a common ground. Lastly parties confirm their negotiated gains, draft final agreements or confront deadlocks. The main objective is to afford all parties

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