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| DEFINITION |
A
private, voluntary process in which an impartial person facilitates
communication between parties to promote settlement |
| NEUTRAL |
Impartial
third party selected by parties to assist in identification and clarification
of issues, generation of options, and facilitation of a mutually acceptable
agreement |
| ROLE
OF LAWYERS |
May
present case, although parties usually communicate directly; may assist
client regarding clarification of legal issues; drafts agreement |
| ROLE
OF PARTIES |
Able
to ventilate feelings, tell their story and negotiate directly; participate
in creative problem-solving |
| SCOPE
OF PROCESS |
Flexible;
voluntary; no rules of evidence; private; confidential |
| OUTCOME |
Mutually
satisfactory resolution; relationship maintained; Ideally:
Win-Win result for all parties. Often: Acceptable compromise |
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