1. Negotiation
Third PartyNone
Binding?If signed
FormalityInformal
ControlParties
ConfidentialityHigh
Cost / SpeedVery Low / Instant
Best For: Simple disputes where direct rapport can still solve the issue quickly.
2. Mediation
Third PartyFacilitator
Binding?If signed
FormalityInformal
ControlParties
ConfidentialityHigh
Cost / SpeedLow / Fast
Best For: Preserving long-term relationships (e.g., family, neighbors, or business partners).
3. Arbitration
Third PartyArbitrator
Binding?Yes (Final)
FormalityFormal
ControlArbitrator
ConfidentialityHigh
Cost / SpeedHigh / Medium
Best For: Complex technical disputes where parties want a binding end without a public court record.
4. Med-Arb
Third PartyFacilitator & Arbitrator
Binding?Yes
FormalityHybrid
ControlMixed
ConfidentialityHigh
Cost / SpeedModerate / Fast
Best For: Ensuring a resolution is reached even if mediation fails; guarantees a final result.
5. Conciliation
Third PartyAdvisor (Nudge)
Binding?If signed
FormalitySemi-Informal
ControlParties
ConfidentialityHigh
Cost / SpeedLow / Fast
Best For: When parties need a proactive advisor to suggest solutions (common in labor disputes).
6. Adjudication
Third PartyTechnical Expert
Binding?Interim (Pay Now)
FormalitySemi-Formal
ControlAdjudicator
ConfidentialityMedium
Cost / SpeedModerate / V. Fast
Best For: Construction industry payment disputes; keeps cash flowing while project continues.
7. Neutral Eval.
Third PartyExpert Reviewer
Binding?No
FormalityInformal
ControlParties
ConfidentialityHigh
Cost / SpeedLow / Fast
Best For: Obtaining a "reality check" from an expert to avoid a costly but losing trial.
8. Expert Det.
Third PartySubject Specialist
Binding?Yes (Final)
FormalityTechnical
ControlExpert
ConfidentialityHigh
Cost / SpeedModerate / Fast
Best For: Scientific, accounting, or engineering disputes requiring a deep-dive specialist.
Choosing the Right Method
The choice of ADR often depends on two main factors: how much control you want to keep over the final decision and how quickly you need a result.
For Relationship Preservation: Choose Mediation, Negotiation or Conciliation. These are collaborative and focus on "win-win" scenarios.
For Certainty and Finality: Choose Arbitration, Expert Determination or Med-Arb. These ensure a definitive end to the dispute that can be enforced like a court order.
For Technical or Industry Issues: Choose Adjudication or Neutral Evaluation to ensure the person overseeing the case actually understands the specific industry "shorthand" and technicalities.
Muslim Medina
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