Mediation is a process which allows disputing parties to resolve the conflict themselves with the assistance of a neutral third party. The neutral, called a mediator, has no decision making authority. Instead, the mediator structures negotiations between the disputants in order to create the opportunity for solutions. The mediator acts as a catalyst, focuses discussions, facilitates exchanges, and serves as an assessor of positions taken by the parties. Mediation formats vary, but they typically involve the use of joint meetings and private sessions, called caucuses, to gain information and to develop and explore resolution options.2.
Findings can be advisory or binding.
Negotiations or litigation can be totally or partially suspended during the fact-finding process.3. A minitrial is a structured settlement process in which disputing parties present a summary of its case before high level representatives who have settlement authority for the parties. Typically, a third party neutral oversees the presentations to maintain an orderly process. The third party neutral may provide advisory opinions to assist negotiations.4. Arbitration is a process in which a dispute is submitted to a neutral third party who makes a decision after hearing argument and reviewing evidence.