An adversarial contest where each party's goal is to win at the expense of the other. The parties also relinquish control over the process by hiring attorneys to speak for them, plan the case strategy, control settlement discussions and options, and the like. The parties stake out extreme positions, hoping to get more than the other side in the ensuing process of compromise. Often, neither party feels that they win. The process focuses on the past and centers around assigning fault and blame.
Discussions emphasize the differences of the parties.
Arbitration An adversarial contest where the goal of each party is to win at the expense of the other. The parties relinquish control over the outcome. Rules are less formal but still control and determine issues to be examined, the evidence that can be presented and the outcomes that can be considered. Positional bargaining is used. One party is often an involuntary participant.