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.