The full spectrum of Alternative Dispute Resolution processes go from Informal / Consensual processes where the parties retain control and decide the outcome -to- Formal / Adjudicative processes where the parties cede control and the Neutral decides the outcome.
A communication process in which two or more participants attempt to reach a joint decision on matters of common concern in situations where they are in actual or potential disagreement. Negotiation has often been described as a bargaining and communication process with some degree of psychological confrontation.
A collaborative process by which a neutral party seeks to assist a group of individuals or other parties to discuss constructively a number of complex, potentially controversial issues. The facilitator plays a less active role than a mediator in a facilitation process.
A structured settlement negotiation facilitated by a neutral third-party, the mediator, to achieve a resolution that satisfies all parties.
An informal presentation where a third party neutral provides a candid assessment of the strengths and weaknesses of a case and attempts to narrow the issues in a dispute. The evaluation may be binding or non-binding.
A formal adversarial hearing before a neutral, called the arbitrator, with a relaxed evidentiary standard. The arbitrator is usually a subject matter expert.
A case, controversy, or lawsuit. The process of bringing and pursuing a lawsuit is called litigation. It is a contest authorized by law, in a court of justice, for the purpose of enforcing a right. Participants (plaintiffs and defendants) in lawsuits are called litigants.
