Alternative Dispute Resolution
Personally, I prefer not to use the standard designation of Mediation as Alternative Dispute Resolution as it is based upon the notion that resolution through legal channels is the norm or commonly expected route. In real life, most people end the majority of their disputes either through talking and working through things or ignoring the problems and letting them go unresolved. It is only a very small percentage of human disputes that actually end up in court. Legal adjudication, then, is truly the alternate and relatively rare type of resolution and ought to be the scarcely used last resort. It is expensive, drawn out, perpetuates the adversarial dynamic between parties, and typically results in party dissatisfaction and continued tensions –Jim Shaul
Types of Dispute Resolution:
Interparty Resolution
Parties seek to resolve their dispute on their own and hold each other responsible for keeping future peace. There is no third party involvement.
Mediation
Parties seek to resolve their dispute with the assistance of a neutral third party. The parties own the process and the results; the mediator guides and directs the means. Mediators assist in designing tools to ensure future peace.
Facilitation
The parties primarily own the process and the results; the mediator guides and directs the means. The process and results of the process are somewhat guided by and answerable to a third party who has a stake in the outcome, typically a court or government agency.
Arbitration
Disputing parties seek to resolve their dispute with the assistance of a neutral third party. The parties own the process and the results; the mediator guides and directs the means. If no agreement can be reached, the third party enters into the dispute and brings forth a solution and plan that the parties are expected to follow.
Binding Arbitration
Disputing parties seek to resolve their dispute with the assistance of a neutral third party. The parties own the process but not the results; the arbitrator guides and directs the means, the third party enters into the dispute and brings forth a solution and plan that the parties are expected to follow. Parties previously have entered into a contractual agreement to bind themselves to the results. Parties are contractually bound to the decision and are in breach if they do not comply.
Adjudication (Court)
Disputing parties seek to resole their dispute by setting forth their position to a neutral third party who has the jurisdiction and therefore legal authority to hear the dispute and render judgment over it. Parties are legally bound to the decision and are in contempt of court if they do not comply.