Negotiation

Voluntary, informal, unstructured process used by disputants to reach a mutually acceptable agreement.

Mediation

A private, voluntary process in which an impartial person facilitates communication between parties to promote settlement.

Arbitration

An adversarial process in which the disputants select a neutral third person to listen to evidence and render an award. Can be either binding or non-binding.

Voluntary Settlement Conference

Neutral individual, often a retired judge but could be a professional attor-ney/mediator, listens to abbreviated presenta-tion of case and renders an advisory opinion on factual or legal issues, as well as damages.

Mini Trial

Abbreviated, informal presentation of case by the parties to a senior claims or business representative intended as a prelude to settlement discussions. Primarily used in large, complex or multi-party cases.

Confidential Listener

A neutral third party appointed by the disputants who obtains a proposed final settlement offer from each party. Without disclosing the content, the confidential listener advises the parties if their offers are within a specified range. The range usually is agreed upon by the parties in advance, along with a mechanism for dividing the difference in the event that the offers overlap. If the offers are outside the specified range, the confidential listener may assist the parties in bridging the gap and achieving a final settlement.

Litigation

Adversarial system of justice designed to present a civil case to a court for decision.

Dispute Management

A discipline and system of practices used by a party to move a dispute towards a fair settlement. Effective dispute management factors in all the pertinent objectives a party has and strives to minimize downside risk. One of the key measures of successful dispute management is accomplishing the above at the lowest possible cost.