HYBRID PROCEDURES/ COMBINED PROCESSES FACT FINDING Process used in conjunction with other ADR procedures by which facts relevant to a controversy are determined. MEDIATION/ ARBITRATION (MED/ARB) Parties agree to mediate with stipulation that any issues not settled will be resolved by binding arbitration. MULTI-STEP ADR Progressive series of ADR processes utilized by parties to an agreement or dispute designed to give the parties an opportunity for achieving a resolution through the most effective forum. The process begins with low cost and informal procedures and moves towards more formal and costly methods. For example, if negotiations fail, mediation occurs; if that is unsuccessful, arbitration takes place. TWO TRACK APPROACH ADR processes or traditional settlement negotiations used simultaneously with litigation. Settlement discussions are often conducted by persons not involved in the litigation. DAY BASEBALL The parties give the neutral, at the end of the hearing, their last, best offer/demand. Having reviewed the evidence and listened to the testimony, the neutral picks one figure or the other as the award. This process encourages both sides to be as reasonable as possible in presenting their final positions. NIGHT BASEBALL This option is similar to Day Baseball, except the parties seal their last, best offers instead of giving them to the neutral. After the neutral renders a decision, the party whose number is mathematically closer to the neutral's award prevails. TELEMEDIATION Similar to Confidential Listener, except that an ADR Provider staff person works with each party to explore the respective merits of the party's case and attempts to mediate a resolution over the phone.