CONFLICT RESOLUTION:
ALTERNATIVE DISPUTE RESOLUTION (ADR)

Negotiation-Any process where disputing parties discuss and bargain with each other, sometimes in the presence of a neutral third party or parties, to reach a mutually acceptable agreement. In that instance, the neutral party avoids making substantive contributions to the outcome.

Mediation-A process involving a third party or parties who work with the disputing parties to reach a negotiated settlement. Typically, the mediator will establish a procedure intended to actively assist the disagreeing parties by making suggestions and substantive contributions regarding the strength of the relative positions. The neutral third party(s) does not render a decision or ruling, but rather, facilitates the reaching of a resolution between the disputing parties.

Arbitration- A procedure where the neutral third party plays a more active and substantive role in the resolution of the dispute than in either negotiation or mediation. The arbitrator(s) hears the arguments, reviews the evidence and decides the outcome. The decision may be binding or non-binding depending upon the agreement of the parties and the structure of the arbitration.

Although these are the most typically utilized alternate dispute resolution processes, they are not the only means of resolution available. Private trials, neutral experts or special masters are examples of other conciliation processes.

 

 
 
 
 
 
 
 
 
This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney