Alternative Dispute Resolution

This term is used to describe methods of dispute resolution that are alternative to going to court. Alternative dispute resolution includes arbitration, conciliation and mediation. Each of these processes differs in the amount of control exercised by the disputants over the outcome.

Mediation

This is a process in which the parties, together with a neutral third person or persons, identify and isolate disputed issues, develop alternatives for their solution, consider options and reach a mutual agreement that will meet the disputants’ needs.

Arbitration

In this process a neutral third party, often chosen by the disputants, is selected or appointed to hear both sides of the argument. The arbitrator then makes a decision by which both parties have agreed to be bound.

Conciliation

This is a vague term. It describes a process which also includes a third party who helps the disputing parties to reach agreement. It emphasises an outcome of ‘reconciliation’. Conciliation counselling can include mediation and negotiation.

Negotiation

This is a process which can be part of all of the above. It involves bargaining between the parties. Of these processes, mediation will be discussed in further detail because several mediation services have been established in Tasmania and can be used by the general public.