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Arbitration: A neutral third party is brought in to arbitrate or resolve the negotiation through a BATNA. Unlike mediation, they resolve the issue. Unlike mediation, they resolve the issue. Litigation : When the negotiation takes a turn for the worst, an authoritative third party intervenes in the form of law and the issue is resolved in court ...
The term "mediation" broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary.
Methods of dispute resolution include: lawsuits (litigation) (legislative) [5]; arbitration; collaborative law; mediation; conciliation; negotiation; facilitation; avoidance; One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.
In addition to dispute resolution, mediation can function as a means of dispute prevention, such as facilitating the process of contract negotiation. Governments can use mediation to inform and to seek input from stakeholders in formulation or fact-seeking aspects of policy-making. Mediation is applicable to disputes in many areas:
Structured negotiation is a type of collaborative and solution-driven alternative dispute resolution that differs from traditional ADR options in that it does not rely on a third-party mediator and is not initiated by a legal complaint. The process is often implemented in cases in which a party or parties seek injunctive relief. [54]
Non-Binding Arbitration is a process which is conducted as if it were a conventional arbitration, except that the award issued by the tribunal is not binding on the parties, and they retain their rights to bring a claim before the courts or other arbitration tribunal; the award is in the form of an independent assessment of the merits of the ...