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"For he today that sheds his blood with me, shall be my brother."
Shakespeare knew then what we search for today through Conflict Resolution, the mother of alternative dispute resolution. To find meaning in both the conflict and outcome brings together people as brothers, winners on both sides. Mediators, judges, and arbitrators, trained and qualified both in and out of judicial systems, settle disputes among individuals, businesses, even governments to defuse great personal and economic cost, even when there may be a projected diminished return for success.

Negotiation
Negotiation includes two or more individuals or businesses with competing or conflicting interests who wish to reach agreement but no other alternatives appear. Through negotiation, a person can maintain or strengthen their relationship while providing opportunity for each party's perspectives and desires to be voiced in a forum of fairness and create the best possible deal for the conflict partners.

Conciliation
Conciliation seeks concessions from both parties without face-to-face interaction where disputants develop their own list of outcomes. It provides a vehicle for mutual agreement through quick successes on secondary concerns while building trust to negotiate primary results. Often referred to as a type of mediation, conciliation usually results in a written, legally-binding agreement signed by both parties.

Mediation

Mediation, an alternative to legal action and informal, promotes reconciliation, avoids damaged relationships and reduces costs. It brings together two or more disputants presided by an impartial third party
(mediator) who opens communication to reach a win-win agreement respected by everyone.
Usually mediation occurs when the parties desire confidentiality and wish to retain more control over the process.

Binding Advice

Binding Advice serves as a formal, non-judicial decision on a dispute arbitration given by an impartial decider acting as a judge. The disputants usually agree before hand whether to accept the decision as legally binding or leave open the option to pursue their dispute in court. While considered a private ruling, if accepted by all parties,
the decision obligates them legally to accept and abide by it.

Arbitration
Arbitration acts outside the courts as an informal alternative dispute resolution method whereby parties agree to use it and then bound legally to any decision rendered. Arbitration allows greater flexibility in decisionmaking;
provides quicker results than the courts, and substantially reduces costs to the disputants.
Typically, arbitration produces resolutions in collective disputes, like trade unions.

Litigation
Litigation refers to formal, judiciary action brought by one party against another and conducted by a judge presiding over the court of law. Parties are usually represented by lawyers, and possibly involves a jury. One party begins the lawsuit and asks for a legal remedy or court order from the judge to enforce rights,
demand monetary damages,or other appropriate action to resolve the dispute.

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© 2007 L’accademia Areté, All Rights Reserved
© 2007 Logo L’accademia Areté, All Rights Reserved