For those disputants who have found that there is no pertinent binding or legal remedy to their problems or where direct negotiations have failed when a party wants to punish another, they may feel that they are at an impasse with no direction. Some parties may even desire to send a message to the public, an industry or individual. Where a legal injunction is required to prevent an ongoing or future harm, they may want to seek something quicker than litigation, thereby decreasing pressure on the both parties. They can have options. They can choose the system that suits their needs; after all, it’s about the disputants, not the mediator. The results rest in their hands. The outcome is the one that they will have to live with. It’s their call. After all, they seek dispute resolution for results not an impasse. Below, you have a choice to choose your desired outcome according to your standards you seek.
ADR System | Voluntary | Intake | Confidentiality | A process of Empowerment | Self-Determination | Impartiality | Witnesses allowed |
Mediation | X | X | X | X | X | X | X |
Co-Mediation | X | X | X | X | X | X | X |
Arbitration | X | X | X | X | X | X | X |
Peer Mediation | X | X | X | X | X | X | X |
Conciliation | X | X | X | X | X | X | X |
Negotiation | X | X | X | X | X | X | X |
Med-Arb | X | X | X | X | X | X | X |
Facilitation | X | X | X | X | X | X | X |
Ombudsman | X | X | X | X | X | X | X |
ADR System | Caucus | Position Interests Needs | Participants decide the final outcome | The Agreement is binding | Outcome decided by the neutral | Abuse/criminal activity allowed | An ongoing relationship exists between the parties |
Mediation | X | X | X | X | |||
Co-Mediation | X | X | X | X | |||
Arbitration | X | X | X | X | |||
Peer Mediation | X | X | X | X | |||
Conciliation | X | X | X | X | X | ||
Negotiation | X | X | X | X | |||
Med-Arb | X | X | yes and then no | X | X | ||
Facilitation | X | X | X | X | X | ||
Ombudsman | X | X | X | X |
ADR System | Expedient Resolution of the outcome | Privacy from Public/ media scrutiny | A timely resolution is a factor | Multiple parties may be involved | A lawyer is essential | Assists in generating options/agreements | Costs |
Mediation | X | X | X | X | X | Low to high | |
Co-Mediation | X | X | X | X | X | Medium to high | |
Arbitration | X | X | X | X | X | X | Medium to high |
Peer Mediation | X | X | X | X | X | Low | |
Conciliation | X | X | X | X | X | Low to high | |
Negotiation | X | X | X | X | X | X | Medium to high |
Med-Arb | X | X | X | X | X | X | Low to high |
Facilitation | X | X | X | X | X | Medium to high | |
Ombudsman | X | X | X | X | X | X | Low |
Credit: Mediate.com
Written by: Sharon Kendrick-Johnson
Link: A Comparison of the Alternative Dispute Resolution Systems