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Terminology Of Dispute Resolution: Definitions

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Arbitration - The submission of a dispute to one or more impartial persons for a final and binding decision.

Baseball - {Last-Offer Arbitration} Parties negotiate to the point of impasse, then respectively submit a final offer to the arbitrator whose sole responsibility is to select one or the other.

Conciliation - often used interchangeably with Mediation, as a method of dispute settlement whereby parties clarify issues and narrow differences through the aid of a neutral facilitator.

Fact-Finding - An investigation of a dispute by an impartial third person who examines the issues and facts in the case, and may issue a report and recommended settlement.

Mediation - An intervention in dispute negotiations by an impartial third person, with the purpose of helping the parties to reach their own solution.

Med/Arb - Employs a neutral selected to serve as both arbitrator and mediator in a dispute. It combines the voluntary techniques of persuasion and discussion, as in mediation, with an arbitrator's authority to issue a final and binding decision, when necessary

Mini-Trial - A structured settlement process in which senior executives of the companies involved meet in the presence of an impartial third person and, after hearing presentations of the merits of each side of the dispute, attempt to formulate a voluntary settlement.

Negotiation - A process by which disputants communicate their differences to one another through conference, discussion and compromise, In order to resolve them.

Summary Jury Trial - Summary presentations by counsel in complex cases before a jury impaneled to make findings which are advisory, absent the agreement of the parties otherwise.
This file was prepared from material copyrighted by, and is posted with the permission of, the American Arbitration Association. For more info visit the AAA's web site at https://www.adr.org

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