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Dealing in disputes

Thursday, November 20, 2008
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These ain't fighting words: a glossary of terms for resolving disputes peacefully

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By: L. D. Cross

Negotiation: a common method of resolving disputes involving discussion and an exchange of proposals and counterproposals until an agreement is reached or one of the parties decides to terminate discussions and seek redress through other means.
Conciliation: a straightforward technique whereby a neutral third party acts as an intermediary, collecting information from both parties to a dispute, clarifying opposing views and opening communication to reach a mutually-satisfactory settlement.
Mediation: a voluntary process where the parties agree to meet with a professionally-trained third party to reach a solution. A mediator has no power to impose a settlement; the parties must agree to a solution. Mediation involving groups is called "group facilitation".
Arbitration: a hearing where parties state their views and offer evidence before an impartial arbitrator appointed from a list of qualified persons. After hearing presentations from all sides, the arbitrator will weigh the evidence and issue an award that is legally binding on all parties.
Litigation: the traditional process of submitting a dispute for decision by the courts resulting in a trial in which a judge hears the case and renders a decision binding on all parties and enforced by various court measures.

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