The authors would like to express their gratitude to Prof. Gregg Relyea, for his important contribution to this article. Show
Historically, methods used to settle disputes have ranged from negotiation, to courtroom litigation, and even to physical combat. The legal needs of countries, multinational companies, and ordinary people have changed over the last decade. When faced with a dispute, business people are learning that, whenever possible, it is more advantageous to reach practical and private agreements than to fight for years and spend huge amounts of money in courtroom battles. Due to the vast amounts of time and money involved in the trial process, the American and Italian business communities have increasingly turned to legal alternatives that are more prompt, private and economical than the courtroom. Alternative Dispute Resolution (ADR) refers to the wide spectrum of legal avenues that use means other than trial to settle disputes.
Alessandra SgubiniAvv. Alessandra Sgubini LLMMs. Sgubini is a professional mediator and an Italian attorney with experience in the field of law, international law, and dispute resolution. She received her law degree from the University of Milan (Italy) and she is licensed as an Italian attorney and a member of the Milan… MORE >
Andrea MarighettoAndrea Marighetto is PhD Candidate in Comparative and Uniform Commercial Law at the University of Roma I La Sapienza - Italy. He also holds his first Ph.D. in Private Law, summa cum laude, from the Federal University of Rio Grande do Sul - Brazil (2010). He had a Master Degree in… MORE >
Mara PrieditisMara Prieditis is in her third year of law school at California Western School of Law. Mara received her Bachelor of Arts in political Science and History from Rutgers University in 1998. She worked as a research assistant for the Kennan Institute for Advanced Russian Studies in Washington D.C. and… MORE > What is the process of bringing in a neutral third party to settle a dispute?Mediation is the process where a neutral third party (usually a professional mediator) helps disputants to resolve their dispute. Mediation is usually more formal than negotiation but less formal than arbitration.
What is it called when a third party helps those involved in a dispute to negotiate a solution acceptable to both sides?A mediator is an impartial third party who facilitates communication between or among two or more parties in dispute.
What is it called when an impartial third party helps to resolve a conflict?Mediation
The goal of mediation is for a neutral third party to help disputants come to a consensus on their own. Rather than imposing a solution, a professional mediator works with the conflicting sides to explore the interests underlying their positions.
What is voluntary negotiation?Negotiation is: Voluntary: No party is forced to participate in a negotiation. The parties are free to accept or reject the outcome of negotiations and can withdraw at any point during the process.
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