"Working to assist individuals that desire to bridge the conflict gap"

Frequently Asked Conflict Resolution Questions

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  1. What is A.D.R.?
  2. What is litigation?
  3. What is arbitration?
  4. What is Med-Arb?
  5. What is a mini-trial?
  6. What is neutral evaluation?
  7. What is Mediation?
  8. What is the role of a mediator?
  9. What are court-referred processes?
  10. What is early case evaluation/early neutral evaluation?
  11. What is the role of an attorney?
  12. How do I schedule a mediation session?
  1. What is A.D.R.?
    • Alternative Dispute Resolution refers to alternative methods of resolving disputes, other than going to court to litigate.
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  2. What is litigation?
    • Using the court-system, parties in dispute hire an attorney/advocate to argue their position. A decision is made by a judge or jury resulting in a winner and a loser.
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  3. What is arbitration?
    • Arbitration is a process in which a neutral individual or panel listens to the issues in a dispute and renders a decision regarding liability and damages. Voluntary arbitration allows the parties to select the individual or panel. Generally, cost is equally split. Non-binding arbitration allows parties to refuse the decision and move on to the court process. Binding arbitration generally means that neither party can appeal the decision or take it into court.
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  4. What is Med-Arb?
    • This combines the processes of mediation and arbitration. First, a mediator attempts to mediate the case and if no agreement is reached the mediator changes hats and arbitrates the case. Sometimes a separate arbitrator will take over.
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  5. What is a mini-trial?
    • Attorneys for each party in the dispute (generally corporate issues) make a brief statement to a panel that consists of judges and or principals in the companies involved. The panel uses the information gathered to attempt to negotiate a settlement. If this fails, the neutral third party makes a non-binding advisory opinion of how the case may fair in court.
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  6. What is neutral evaluation?
    • An impartial person considers the merits of the case and predicts an outcome. This provides a sort of “reality check” for participants.
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  7. What is Mediation?
    • Mediation is an informal, private and voluntary process that enables individuals to resolve conflict in a more amicable fashion than seeking resolution through litigation. Mediation helps reduce tension and stress while diminishing the cost that can be involved in an adversarial process. Unlike litigation, mediation provides individuals with a voice in resolving their differences: allowing an opportunity to negotiate their own terms for agreement.
      • Styles:
        1. Facilitative Mediation
          • Encourages parties to collaborate and determine for themselves which ideas will best resolve the conflict. Ground rules are set, the focus is moving forward and resolution is the goal.
        2. Evaluative Mediation
          • Urges or pushes parties to accept a settlement. This mediation process usually predicts outcomes, assesses issues, controls the process and needs an agreement.
        3. Transformative Mediation
          • Empowers the party to discuss the issues without seeking resolution. There are no ground rules or defined direction.
  8. What is the role of a mediator?
    • A mediator is an impartial third party, who assists disputants in determining and creating options that move the parties toward resolving conflict. The goal is for parties to reach a mutually satisfying agreement.
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  9. What are court-referred processes?
  10. What is early case evaluation/early neutral evaluation?
    • A case is judged on its merits. A process used by attorneys to educate or get their clients into a more realistic position to encourages settlement.
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  11. What is the role of an attorney?
    • An attorney is an advocate for one side or the other. He or she takes a side for the purpose of protecting a person’s interests or rights. An attorney is an expert on law.
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  12. How do I schedule a mediation session?