Tatua Center ADR Models
1. Is a voluntary, non-formal dispute resolution process in which a neutral third party helps the parties in dispute to reach a negotiated settlement which, when reduced into writing and signed by all the parties, becomes binding. It seeks to encourage parties to find solutions that are agreeable to all of them and, as such yields a win-win solution for all parties and preserves the relationship between parties. Mediation is a “party-centered” process in that it is focused primarily upon the needs and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. The mediator does not make a decision but assists the parties in coming up with a settlement agreement which, when signed, is binding. Where a matter is already filed in court, the mediation settlement agreement is recorded in court as consent of the parties.
2. Is Is a private consensual process where parties in dispute agree to present their grievances to a third party (arbitrator) for resolution. An arbitrator is a person appointed by two parties to settle, arbitrate and decide by arbitration or judge between them. It is confidential where parties select an arbitrator privately and proceedings are held privately. The process has flexibility of time, procedure, and venue and is not expensive compared to litigation.
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