What
What I Do (a broad overview)
I would like to thank Wikipedia for their unknowing contribution of much of this section of my site. (For information on the licensing of Wikipedia information, see http://en.wikipedia.org/wiki/WP:GFDL). I have altered some of the text to make it relevant, but this is a good overview of alternative dispute resolution and mediation.
Mediation, a form of alternative dispute resolution (ADR), aims to assist two (or more) disputants in reaching an agreement. The disputes may involve states, organizations, communities, individuals, or other representatives with a vested interest in the outcome.
Mediators use appropriate techniques and/or skills to open and/or improve dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Normally, all parties must view the mediator as impartial.
Mediation can apply in a variety of disputes. These include commercial, legal, diplomatic, workplace, community and divorce or other family matters.
Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that fall outside of the government judicial process. Despite historic resistance to ADR by both parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts (including North Carolina Superior Courts) now require some parties to resort to ADR of some type, usually mediation, before permitting the parties’ cases to be tried. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.
ADR is generally classified into at least three subtypes: negotiation, mediation, and arbitration. (Sometimes a fourth type, conciliation, is included as well, but for present purposes it can be regarded as a form of mediation. See conciliation for further details.) The salient features of each type are as follows:
In negotiation, participation is voluntary and there is no third party who facilitates the resolution process or imposes a resolution.
In mediation, there is a third party, a mediator, who facilitates the resolution process but does not impose a resolution on the parties.
In arbitration, participation is typically voluntary, and there is a third party who, as a private judge, imposes a resolution. Arbitrations often occur because parties to contracts agree that any future dispute concerning the agreement will be resolved by arbitration. Although parties may appeal arbitration outcomes to courts, such appeals face an exacting standard of review.
“Alternative” dispute resolution is usually considered to be alternative to litigation.