MEDIATION & ARBITRATION

Alternative Dispute Resolution Descriptions (ADR)

Negotiation

A method of dispute resolution largely based on power.

Arbitration and Litigation

Methods largely based on rights. The advantage of arbitration is that parties can select the judges and, to some extent, the rules to be used.

Non-binding Arbitration

Means of obtaining impartial information regarding a situation

Mediation

Means of determining if the parties’ interests can be broadened to find true common ground.

Mediation’s role is to provide a formal process that resolves the dispute without violating ethical canons or law. Applications of mediation encompass:

School yard intervention:   Mediation initiative to reduce conflict and violence in schools. Can be supervised by schoolteachers and conducted by specially trained peer group mediators in the same classes.

Juvenile criminal justice system for non-violent offenders: Under supervision of criminal justice system caseworkers, community volunteers conduct victim-offender mediation to help kids get back on the right track.

Family counseling: Helps divorcing individuals face the expected changes in roles and duties with emotional balance.

Part of the civil court system:  Parties in lawsuits are aided in settlement negotiations aimed at helping them determine their own best interest.

Alternative to the formal justice system: Mediation as part of community action and conflict resolution where volunteers aid in resolving conflicts and problems that otherwise would end up in small claims court. Often conducted in participation with the Better Business Bureau or Community Alternative Dispute Resolution Centers.

Labor conflict resolution:  Process to find to end conflicts and improve feelings in the workplace.

Institutional mediation:  A form of human resources management to resolve conflict and improve communication between those served and the institution. In large hospitals, churches and other diverse organizations, mediation is a method of ensuring communication addresses rather than ignores problems.

Diplomatic mediation:   Resolution of armed conflict by political means. Undertaken to prevent countries from going to war or to help countries at war find peace.

Something better:   Per Texas Law Review, A Glass Half Full at Vol. 73:1594 “Mediation is more accessible and understandable to the layperson. It is less adversarial, expensive, and time-consuming than litigation and is more likely to produce an outcome that matches the interests of the disputants.”