Frequently Asked Questions (FAQ)
What is Alternative Dispute Resolution (ADR)?
ADR stands for "alternative dispute resolution." Alternative to what you say? Alternative to the traditional adjudication or litigation processes such as trial juries, court judgments, etc. Continue reading to learn about some of the ADR terms commonly used in the dispute resolution field.
What is Conflict Resolution?
A process or collection of processes for resolving disputes without going through a trial or committing violence. Generally refers to broad category of "ADR processes" that include settlement conferences, arbitration, mediation, consensus building, as well as other "alternative" ways of resolving disputes without using violence or having a court decide.
What is Negotiation?
Bilateral or multilateral process in which parties who differ over a particular issue attempt to reach agreement or compromise over that issue through communication. Negotiation generally refers to the process of conferring with another party with the purpose of securing agreement on some matter of common interest. Negotiation is a conciliatory process in which participants engage in back-and-forth communications in an effort to adjust differences. It is typically consensual and private, with minimal third-party involvement. It is one of the most common approaches to making decisions and managing disputes. Informal negotiation occurs daily among friends, family, and co-workers for the purpose of adjusting or redefining relationships.
What is Mediation?
A process in which a trained neutral person, a "mediator," helps people in a dispute to communicate with one another, understand each other, and if possible, reach agreements that satisfy the participants' needs. A mediator does not provide legal advice or recommend the terms of any agreements. Instead, the mediator helps people reach their own agreements, rebuild their relationships, and if possible, find lasting solutions to their disputes. Mediation is a process that lets people speak for themselves and make their own decisions.
» Download the Model Standards of Conduct for Mediators
What is Arbitration?
A process in which people in a dispute present their views to a knowledgeable neutral person, an "arbitrator," who decides how the dispute will be resolved. Arbitrators review evidence and arguments from people in the dispute and make a decision or "arbitration award". Arbitration is generally "binding" which means that the participants must abide by the arbitrator's decision.
What is Consensus Building?
A process in which a neutral person brings "stakeholder" groups and individuals together and facilitates their efforts to solve a common problem or address a complex issue in a way that best meets the participants' needs. Consensus building resembles mediation because the process is about people making their own decisions, opening lines of communication, and developing agreements that everyone can support. Consensus building is different because it usually involves a larger group of people.
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