Contributing impartial, specialized expertise andĤ. Overcoming parties’ resistance to communicating and reaching an agreement by presenting offers to both sides ģ. Finding additional information that parties were unwilling to share with each other Ģ. Mediators can help disputants break an impasse in the following ways, according to Harvard Law School professor emeritus Frank E.
Working with parties together and sometimes separately, mediators try to help them hammer out a resolution that is sustainable, voluntary, and non-binding. Rather than imposing a solution, a professional mediator seeks to assist the conflicting sides in exploring the interests underlying their positions. In mediation, a neutral third party tries to help disputants come to a consensus on their own. In this article, we describe the two basic types of alternative dispute resolution in addition to introducing a mediation-arbitration hybrid that may be beneficial in resolving certain disputes. Mediation and arbitration (see also Arbitration vs Mediation and the Conflict Resolution Process in Alternative Dispute Resolution (ADR)) are types of alternative dispute resolution because they offer an alternative to litigation. What is alternative dispute resolution? Alternative dispute resolution, or ADR, is a process in which a neutral third party-a mediator or arbitrator-helps parties who are embroiled in a dispute come to an agreement.
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Discover how to improve your dispute resolution skills in this free report, Dispute Resolution: Working Together Toward Conflict Resolution on the Job and at Home, from Harvard Law School.
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