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Boston
Pleasant Street
Charlestown, MA 02129
617 737.0800

Worcester
P.O. Box 291
Leicester, MA 01524
508 799.2099

info@JosephMediation.com

FAQs  Comparisons  Alternatives  Adjudication/Litigation  Arbitration  Conciliation  Mediation  Negotiation

Here are some alternative ways people can resolve disputes.

Adjudication/Litigation – The most formal method of resolving a dispute. The hearing is conducted by a judge, in a court of law, backed by the state’s formal coercive powers. Each side presents narrowly focused arguments within a highly structured format; the judge makes a decision based on case and statutory law while considering existing precedents.

Arbitration – The formal hearing is conducted by one or more arbitrators who may be officially sanctioned to reach decisions that are “binding” or “no-binding” on the parties. Each side presents arguments with much of the formality of a court hearing. The arbitrator then decides how the dispute is to be resolved. Participation is usually voluntary and the decision may or may not be appealed.

Conciliation – An informal process in which a third party, who has no coercive powers, facilitates discussions and offers a neutral and safe place for the parties to negotiate with each other. A conciliator can arrange for the parties to meet in the same place and/or can serve as a go-between. Conciliation has also been referred to as “case evaluation” where a neutral third party evaluates the strengths and weaknesses of each side’s case and makes suggestions for resolution.

Mediation – A structured and informal process conducted by one or more third parties who operate entirely without coercive powers. Mediation is a voluntary, confidential process in which a neutral is invited or accepted by disputing parties to assist them in identifying and discussing issues of mutual concern, exploring various solutions, and developing a settlement mutually acceptable to the disputing parties.

Negotiation – An informal process at which no neutral or third party is present. Parties meet and discuss their differences, with or without their advisors. Options are examined and discussed until either a resolution is reached or the negotiations are stopped and some other method of resolving the dispute is found.

Definitions adapted from mediation materials of the Crime and Justice Foundation, Boston, Massachusetts, and Daniel McGillis and Joan Mullen, neighborhood Justice Centers: An Analysis of Potential Models, 1977.