Where conventional NEGOTIATION between parties has failed, the following are some of the other available means of resolving disputes:
MEDIATION: is an informal voluntary and private process, in which a neutral person (the mediator) helps the parties in dispute to try to reach a negotiated settlement. The mediator’s job is not to make a decision for them but to try to identify common ground between them, which might form the basis of an agreement. The process isflexible in that the form the mediation takes is determined by the parties and the mediator themselves. Trying mediation does not prevent the parties from continuing with court proceedings, if they cannot resolve their dispute. What happens during the mediation is entirely confidential and may not be revealed to the judge at a subsequent trial. The outcome of the mediation need not be binding unless the parties want it to be. But if the parties reach a settlement, they can agree to be bound by it and, where court proceedings have already begun, a court order can be drawn up confirming the settlement terms.
CONCILIATION: is a similar process to mediation, but the neutral person (the conciliator) can intervene to propose a solution for the parties to consider before agreement is reached.
ARBITRATION: is a formal and binding process, in which a neutral person (the arbitrator) is nominated, often under the terms of a contract or statute, to hear evidence from the parties and to decide the issues in dispute.
NEUTRAL EVALUATION: is a private and non-binding technique, in which a neutral person, usually a judge or somebody legally qualified, gives an opinion on the likely outcome at trial as a basis for settlement discussions. This method is frequently used at an early stage of a dispute.
EXPERT DETERMINATION: is a private process in which a neutral person, acting as an expert, rather than a judge or arbitrator, is appointed to decide the dispute. The expert has powers to call witnesses and question them in order to help him reach a decision. There is no right of appeal. His decision is final and binding.