Federation of Integrated Conflict Management

Litigate or Mediate?

One often hears the term "mediation" in connection with resolution of disputes which have already become lawsuits, and, occasionally, before those lawsuits are filed. Mediation is a process by which a neutral third party called a Mediator hears a dispute between two or more parties and attempts to help the parties settle their dispute without judging the merits of the case. The term "mediation" is often confused with the term "arbitration." Arbitration is another form of dispute resolution by a third party (as opposed to a trial before a judge or jury). The Arbitrator listens to the evidence presented by each party and then makes a judgment as to who is responsible for the claimant's damages, and how much the

Dispute Resolution: Facilitators, Mediators, Arbitrators

Alternative dispute resolution has become a popular way to identify the root cause of a problem and to build a solution strategy – both in and out of the business world. In some environments this is accomplished by a mediator or arbitrator. Mediators act as neutrals to reconcile differences before proceeding to arbitration or litigation. Arbitrators act as neutral third parties to hear the evidence and decide the case. Arbitratio

Good Timing–Identifying “Ripe” Times for Negotiations

The timing of negotiations is often critical to their success. Conflict scholars and negotiators often use the concept of "ripeness," comparing negotiation to fruit. If a fruit is picked too early, it will not be ready for eating; however, if it is picked to late, it will be inedible as well.

Getting People to the Table

One of the hardest parts of many mediation processes is just getting people to agree to participate. As is explained in more detail in the section on Limits to Agreement: Better Alternatives people are unlikely to be willing to negotiate if they think they can get a better outcome by using

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Litigate or Mediate?

One often hears the term "mediation" in connection with resolution of disputes which have already become lawsuits, and, occasionally, before those lawsuits are filed. Mediation is a process by which a neutral third party called a Mediator hears a dispute between two or more parties and attempts to help the parties settle their dispute without judging the merits of the case. The term "mediation" is often confused with the term "arbitration." Arbitration is another form of dispute resolution by a third party (as opposed to a trial before a judge or jury). The Arbitrator listens to the evidence presented by each party and then makes a judgment as to who is responsible for the claimant's damages, and how much the

Top 20 Questions People Ask About Mediation

Because it makes sense in most cases. it from an early resolution follow a path designed to increase the likelihood that mediation will be attempted. Users of dispute resolution services of all types cannot ignore their vital role in ensuring that disputes that would benef

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