Dispute Resolution Options
Mediation is one tool in a spectrum of options or processes, each with its own pros and cons. We have listed each according to how much control they give to the participants, from most control to least.*
Negotiation
The classic one-on-one form of conflict resolution. A negotiation can be any kind of discussion aimed at reaching an agreement without the help of impartial judges, mediators, or facilitators. For many people, this is the ideal starting place for resolving conflicts; but, for various reasons, it can often spiral into a hostile showdown.
Facilitation
A facilitator is a person whose role is to help create a productive conversation. Often the goal is to achieve better understanding, spark creativity, and to unite people's diverse perspectives, rather than resolve a specific conflict. Facilitation is often used for strategic planning, team building, and brainstorming. A facilitator might be a trusted family member or friend or a professional chosen by both parties.
Mediation
A mediator is someone who is trained to facilitate conversations between two or more people to help them resolve a conflict or a dispute. Mediators are unbiased and will not make decisions for you. They are trained to establish and maintain a safe, confidential, communicative process and to help participants reach an agreement. There are specific regulations as to who can do this work.
Med-Arb
This hybrid process, short for Mediation-Arbitration combines the benefits of mediation (where the parties control the outcome) and arbitration (where the med-arbitrator makes the final decision on any remaining issues). The Med-Arb process ensures participants will get a resolution.
The arbitrator makes a binding decision regarding the issue(s) in a dispute. Like a judge, they hear evidence and make decisions based on those. Unlike going to court, arbitration can be scheduled a lot quicker and the arbitrator is usually chosen by both participants. There are specific regulations as to who can do this work.
Arbitration
The arbitrator makes a binding decision regarding the issue(s) in a dispute. Like a judge, they hear evidence and make decisions based on those. Unlike going to court, arbitration can be scheduled a lot quicker and the arbitrator is usually chosen by both participants. There are specific regulations as to who can do this work.
Court
Decisions are made through the judicial system by judges. This process is the least private, the most expensive, and the most time-consuming. In certain conflicts, depending on the people involved and the issues at hand, it can also be the only process that works.
* The above is adapted from the Mediate BC website www.mediatebc.com