ADR versus law courts
As long as we live on planet Earth and interact with fellow human beings who have different ideas and opinions from ours, there will always be conflict among us.
And as long as preferences differ from person to person so that what you like may differ from what I like, and since we often hold on tenaciously to our preferences, conflict will not be lacking in our relationships.
Also, as long as greed, avarice, and the penchant to take advantage of others in order to project our own well-being cannot be eradicated from humanity’s existence, conflict will continue to be our bedfellow.
Then, of course, as long as we have egos that easily get bruised and pride that we continuously want to boost in order to declare our self-worth against other people’s low opinion of us, conflict will accompany us wherever we go
Conflict, unavoidable
So, whether we like it or not, there will always be conflict, encounters, and clashes in our midst.
That is why laws, protocols, codes, and guidelines are put in place to regulate how we, rational human beings, should live and not behave like inhabitants of the jungle.
Laws help us to regulate our behaviour, but when our behaviour creates misunderstanding, resorting to the laws for answers often leaves much to be desired.
When two opposing factions go to court, their lawyers apply existing laws to defend their clients, which are interpreted by judges, leading to arguments, bitterness, insults, and fights.
To avoid the often chaotic and winding wrangling of courtroom theatrics with its miserable consequences, the alternative dispute resolution (ADR) system was developed.
Historians explain that ADR is an old concept with ancient origins in different cultures that has progressed till today. In its modern form, arbitration and mediation are used to resolve conflict and to promote peaceful coexistence.
Divine wisdom
I searched the Scriptures for divine wisdom regarding alternative dispute resolution and realised that the Bible is full of examples.
Let’s start with the conflict that existed between God and humanity because of our evil deeds.
By law, we were objects of God’s wrath and were condemned, which means we were destined for destruction. For who can stand the just judgement of God?
But God did something amazing; he resorted to ADR: “Come now, let us reason together (or let us settle the matter),” says the Lord.
“Though your sins are like scarlet, they shall be as white as snow; though they are red as crimson, they shall be like wool” Isaiah 1:18).
This invitation to “come now”, which Jesus repeats by inviting us to come to him with our heavy loads, is God’s way of drawing us to himself.
What the law could not do, God did by sending his Son to save us (Romans 8:3).
That is ADR par excellence!
If God himself chose to settle our disputes through reasoning with us instead of enforcing the law against us, isn’t that the path of wisdom to follow?
Settle your matters
The Lord Jesus promoted ADR when he said, “Settle matters quickly with your adversary who is taking you to court.
Do it while you are still together on the way, or your adversary may hand you over to the judge, and the judge may hand you over to the officer, and you may be thrown into prison” (Matthew 5:25).
Before you hit court, the Lord Jesus says, try ADR, for that will ensure that you avoid the judge, the prosecutor, and prison.
Paul asked the Corinthians, “Why do you go to court when you can settle?”
He felt disappointed that believers would drag one another to court instead of seeking arbitration through ADR.
Arbitration calls for a give-and-take attitude where we let go of some of our grievances and pain in order to gain peace, tranquillity, and unity.
Dirty linen
Every time we choose the courts instead of ADR, we expose ourselves and our families to public scrutiny and ridicule. It is like washing our dirty linen in public.
The linen is dirty because whenever two factions argue openly about their rights and privileges, grievances and injustices, they reveal the awful side of their opponents, which the public feeds on.
In court, the law and the lawyers may assist plaintiffs and defenders to win their arguments, but they cannot help them win their relationships or maintain their dignity.
If “the law is an ass,” as the popular adage goes, it is because it is rigid and obstinate and lacks feelings.
The law doesn’t care who gets hurt and about the long-term outcomes of legal adjudications. ADR, on the other hand, can evoke reasoning, fellow-feeling, and consideration for others.
Next week: When we return to this subject next week God willing, we shall delve into other benefits of ADR over courtroom gymnastics.
The writer is a publisher, author, writer-trainer and CEO of Step Publishers.
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