Types of Alternative Dispute Resolution

• Mediation and arbitration are the most common forms of ADR.
  
  Mediation is a voluntary and confidential meeting in which a neutral third party helps the parties in conflict discuss the issues and understand each other's point of view. Any resolution is up to the parties since the mediator has no authority to impose a decision. According to the Association for Conflict Resolution, mediation is the form of ADR most frequently requested by individuals.
  
  Arbitration is sometimes confused with mediation, but is quite different. According to the American Arbitration Association (AAA), the arbitrator is a neutral third party who listens to both sides and then issues a finding called an award, usually final and binding.
  
  

Mediation Models

• Mediation can lead to better understanding between adversaries.business deal(agreement) image by Alexey Klementiev from Fotolia.com
  
  The International Mediation Institute identifies three styles of mediation; facilitative, evaluative and transformative.
  
  A facilitative mediator asks questions to clarify positions and reveal underlying interests, assists the parties in developing solutions, but does not make recommendations. The parties determine the outcome.
  
  An evaluative mediator points out the strengths and weaknesses of each party's position, and may predict the outcome of a court case. Legal rights take precedence over personal interests. Because of the legal expertise required, most evaluative mediators are attorneys. Both facilitative and evaluative mediation are considered successful when settlement is reached.
  
  Bush and Folger, in "The Promise of Mediation," define transformative mediation as changing the way disputing parties interact with one another. The transformative mediator does this by facilitating empowerment (of each party) and recognition (by each party of the other). The mediation is considered successful if the disputing parties leave with a better understanding and appreciation of one another, whether or not a settlement was reached.
  
  

Advantages of Mediation

• Mediation can be a win-win solution.thumbs up image by Ricardo Verde Costa from Fotolia.com
  
  Mediation allows people in a dispute to be in control and have a say in the final solution. And because mediation is private and confidential, they can avoid revealing embarrassing details in a public courtroom. According to the Association for Conflict Resolution, mediation is usually faster and less expensive than going to court.
  
  

Mediation Process

• There are variations among the mediation models and individual styles of mediator, but all mediations follow a general process of 1) preparation, 2) hearing each side of the dispute, 3) defining issues, 4) exploring solutions and 5) clarifying the agreement.
  
  

Conflicts Suitable for Mediation

• From a neighbor's barking dog to nations at war, if both sides are willing to sit down and try to work it out, just about any conflict between people can be addressed in mediation. The exception to this is a situation where the power imbalance is so great that one party has no grounds upon which to negotiate. Domestic abuse is one such example.