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The Working Group envisaged a three-tiered ODR procedure, which would start with negotiations between the parties and, if unsuccessful, it would be followed by facilitated settlement proceedings involving a third-party neutral who would mediate between the parties in order to reach a settlement.
Mediation. Arbitration. Litigation.
The most common types of ADR for civil cases are mediation, settlement conferences, neutral evaluation, and arbitration.
Dispute resolution processes fall into two major types: Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome. Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.
The most common forms of ADR are arbitration, mediation, the rent-a-judge program, summary jury trial, and minitrial, although techniques can be combined to form hybrids suited to a particular dispute or legal jurisdiction.
Facilitation. Mediation. Arbitration. Neutral Evaluation. Settlement Conferences. Community Dispute Resolution Program.
Negotiation, mediation and arbitration - often called ADR or alternative dispute resolution- are the most well-known.
Mediation. Mediation is a process in which both parties involved in a dispute agree to meet with a neutral, third-party mediator often another attorney or a retired judge. Arbitration. Collaborative Law. Traditional Litigation.
As noted above, the three basic types of international dispute-resolution mechanisms are: (1) mediation; (2) nonbinding arbitration; and (3) binding arbitration. NAFTA employs all three types in one context or another.