Terminology
Adjudication - A judge listens to prepared arguments from all parties and hands
down a judgment. The decision is based on case law and precedent.
Negotiation - Parties involved
in the dispute discuss options for resolution without the help of a third
party.
Arbitration - parties meet with
an arbitrator to provide him/her with information concerning the dispute.
A somewhat more formal process than mediation, the Arbitrator's decision
is binding upon the parties unless vacated by a higher court. The
Arbitrator's decisions are rarely challenged and seldom vacated.
Mediation - Parties involved in
the conflict work with an impartial third party to assist the dialogue
between the parties in an effort to reach a mutually agreeable solution.
The parties control the decision-making.
Conciliation - Parties do not
meet to resolve their dispute; conciliator acts as a go-between; parties
control decision-making.
Ombudsman - Third-party
fact-finder gathers information to decide the outcome of a dispute, often
without meeting with the parties. Decision is usually advisory, with
parties not bound to its terms.
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