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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.
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. [57]
Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome. Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement. Not all disputes, even those in which skilled intervention occurs, end in resolution.
Mediation is a negotiation facilitated by a third-party neutral. It is a structured, interactive process where an independent third party, the mediator, assists ...
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
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 ...