Supplanting the venom of litigation with alternative dispute resolution: the role of counsellors and guidance professionals

This literature review attempts to interface counselling with alternative legal practice. The authors proceed by contrasting the adversarial nature of litigation with the conciliatory nature of alternative dispute resolution (ADR) with a view to encouraging seekers of dispute resolution to opt for ADR in lieu of litigation. The paper discusses the Ubuntu world view in conflict resolution in relation to ADR practices. While not presenting ADR as a replacement for litigation nor proscribing litigation in itself, this paper prescribes the use of ADR to arrive at settlements that are more satisfactory and longer lasting. The paper finally shows how counsellors and guidance professionals may be involved in ADR processes to effectively give succour to conflicting parties.