Glossary of alternative dispute resolution terms

Adjudication

Adjudication includes any of the forms of dispute resolution in which the parties to the dispute present proofs and arguments to a neutral third party who has authority to deliver a binding decision, generally based on objective standards. The term subsumes arbitration and litigation.

Arbitration

Arbitration includes any form of dispute resolution where the parties agree to let a neutral third party make a decision on the merits of the case. This happens after an informal hearing which usually includes the presentation of evidence and oral argument. The are several types of arbitration:

• Binding or non-binding
• Voluntary or compulsory
• Private, statute-authorized, court-annexed
• One arbitrator or a panel

Conciliation

Conciliation is an informal process in which a neutral third party is positioned between the parties to create a channel for communications, usually by conveying messages between parties where it is preferable that they do not meet face-to-face, to identify common ground and to eventually re-establish direct communications between the parties, and possibly achieve settlement.

Mediation

Mediation involves a neutral third party who helps people with a process intended to resolve a dispute. They do not make decisions for the group. The mediator helps the people in the dispute work toward a voluntary and mutually acceptable settlement of issues by:

• Structuring the negotiation
• Keeping communication open
• Helping each party express their interests and needs
• Identifying the issues
• Sometimes, if appropriate, making recommendations on disputed issues

The process may involve lawyers. If so, open communications between the parties as well as between their counsel is encouraged.

Negotiation

Negotiation is a way for people with opposing interests to communicate to agree on how to work together to manage and resolve their dispute. This communication can direct or indirect. They do this without going to court or using arbitration.