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Mediation
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Arbitration
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Expedited negotiation
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Adjudication
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Parties control the outcome.
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Arbitrators control the outcome.
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Mediator has no power to decide.
Settlement only with party approval.
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Arbitrator is given power to decide.
Final and binding decision.
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Exchange of information is voluntary and is often limited. Parties exchange information that will assist in reaching a resolution.
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Often extensive discovery is required.
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Mediator helps the parties define and understand the issues and each side's interests.
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Arbitrator listens to facts and evidence and renders an award.
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Parties vent feelings, tell story, engage in creative problem-solving.
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Parties present case, testify under oath.
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Process is informal.
Parties are active participants.
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Process is formal. Attorneys control party participation.
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Joint and private meetings between individual parties and their counsel.
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Evidentiary hearings.
No private communication with the arbitrator.
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Outcome based on needs of parties.
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Decision based on facts, evidence, and law.
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Result is mutually satisfactory—A relationship may be maintained or created.
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Result is win/lose award—Relationships are often lost.
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Low cost.
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More expensive than mediation, but less expensive than traditional litigation.
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Private and confidential.
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Private (but decisions are publicly available).
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