The Power of Self-Determination

Alternative Dispute Resolution, in all its many forms, is rooted in the concept of self-determination. Unless it’s court-ordered, the parties engage in the process voluntarily. While the willingness of the parties may be in question at times, they are, in the end, in ADR because they agreed to be there.

Ultimately, what the parties should realize, in the process, is that their choice for self-determination (particularly in mediation) empowers them the way no court can. “Self-determination is akin to agency—there’s a psychological dimension to it. So it’s not only about having the freedom to make your own choices; it’s about how you feel when you make the choice. Are you feeling confused and unsure, or are you feeling clear and confident?”

Dan Simon & Tara West, each of who are both psychologists and lawyers, are the authors of “Self-Determination in Mediation”. They note that “humans have three basic psychological needs: autonomy, relatedness (or feeling socially connected), and competence. And all three of these needs are being interfered with when we’re in a state of conflict.”

By addressing these needs, parties empower themselves to resolve conflict and that is what ADR is all about.

To read an interview with the authors, click here.

To learn more about the book, click here.