Professional Documents
Culture Documents
I. Introduction
- Negotiation
- Inquiry and fact finding
- Mediation
A voluntary process in which a mediator, selected by the disputing parties,
facilitates communication and negotiation, and assist the parties in reaching a
voluntary agreement regarding a dispute.
- Good offices
- Conciliation
- Arbitration
A voluntary dispute resolution process in which one or more arbitrators,
appointed in accordance with the agreement of the parties or ADR rules,
resolve a dispute by rendering an award.
Mediation Arbitration
As to function:
-does not render an award -arbitrator act as out of court judge
-only arranges the facts to be and settles the dispute extra-judicially.
negotiated so that parties can come to -he makes a determination of facts to
a compromise agreement. resolve a dispute independently of the
-through direct negotiations, he actual result desired by the parties.
assists the parties in reaching a
mutually agreeable settlement of their
dispute.
As to resolution:
-there is only mediation settlement
-mediator cannot make an award,
however mediation settlement can be
an award provided it is reduced into
writing signed by the parties and their
counsel and the mediator.
-failure to comply with mediation
settlement will give the right