A Continuum of Dispute Resolution

Mediation is one way for people to manage conflict.  In the continuum of dispute resolution, there are numerous options, including:

Negotiation 


 Mediation


 

Conciliation

 

 

 Characteristics of these options:

  • Parties have most control over the process
  • Less formal
  • Interest-based
  • Lower cost
  • Confidentiality determined by parties
  • Voluntary
  • Decisions made by parties

 
Arbitration 


 Adjudication

 

 

 

 Characteristics of these options:

  • Parties have less control over the process
  • More formal
  • Legal norm-based
  • Expensive
  • Public
  • Involuntary
  • Decision by 3rd party board or adjudicator

 

 

Negotiation – two or more parties confer with the goal of resolving differences between them, without assistance from another party.

Mediation – a neutral 3rd party assists conflicted parties to confer with the goal of resolving differences between them, in a manner that leaves the outcome in the hands of the parties.

Conciliation – a neutral 3rd party acts as a go-between with conflicted parties to assist them in resolving differences between them.

Arbitration – a 3rd party listens to conflicted parties and makes a decision regarding issues of dispute between them.  The parties have more control over the process than in adjudication, but fewer options with regard to appeal of outcome.

Adjudication – a 3rd party (e.g., Judge) listens to conflicted parties and makes a decision regarding issues of dispute between the, which the parties may accept or appeal.   The parties do not have control over the process, but may be able to appeal the outcome.

Mediation is a form of Appropriate Dispute Resolution (ADR).   ADR is also used as an acronym for Alternative Dispute Resolution. The “alternative” part of ADR refers to alternatives to the court (e.g., litigation and adjudication by a government-appointed judge) as a way to resolve disputes.