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Party-directed mediation (PDM) is an approach to mediation that seeks to empower each party in a dispute, enabling each party to have a more direct influence upon the resolution of a conflict, by offering both means and processes for enhancing the negotiation skills of contenders. The intended prospect of party-directed mediation is to improve ...
Mediation is a negotiation facilitated by a third-party neutral. It is a structured, interactive process where an impartial third party, the mediator, assists ...
High-Low Arbitration, or Bracketed Arbitration, is an arbitration wherein the parties to the dispute agree in advance the limits within which the arbitral tribunal must render its award. It is only generally useful where liability is not in dispute, and the only issue between the parties is the amount of compensation.
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.
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.
Former Federal Mediation and Conciliation Service headquarters in Washington, D.C. (now demolished). The Federal Mediation and Conciliation Service was created as an independent agency of the federal government under the terms of the Labor Management Relations Act of 1947 (better known as the Taft–Hartley Act) to replace the United States Conciliation Service that previously operated within ...
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.
Ultimately a wide range of methods and procedures for addressing conflict exist, including negotiation, mediation, mediation-arbitration, [3] diplomacy, and creative peacebuilding. [4] [5] Dispute resolution is conflict resolution limited to law, such as arbitration and litigation processes. [6]