BEYOND DISPUTE: A Comment on ADR and Human-Rights Adjudication - Dispute Resolution Journal - Vol. 53, No. 2
The author was UWSA Human Rights coordinator at the University of Windsor in Canada while studying law there. He was a member of Windsor Law’s student mediation pilot project and worked at Stitt Feld Handy Houston, a leading Canadian ADR firm based in Toronto.
Those involved in humanrights disputes often express a strong reluctance to resolve such matters through adjudicative forums. Indeed, traditional methods of dispute resolution often fail to address the underlying circumstances that cause these conflicts in the first place. The author considers the propriety of using alternative dispute resolution in instances of human-rights violations, in order to ensure that justice truly prevails.
“Overall, I estimate that 75% to 95% of all men and women in a given institution or workplace will not willingly choose, or even cooperate with, a formal, polarized grievance process when they feel harassed.”1