Adjudication.

Adjudication describes any form of formal dispute resolution process I which the parties litigate cases through the presentation of evidence and argument to a neutral third party who has the power to render binding decisions based on objective standards, rules or laws. Adjudication is used in many forums judicial (courts), administrative (tribunals), and arbitral (boards of arbitration). Adjudicative processes are rights-based and positional. Adjudication - a procedure under which the adjudicator will give an interim decision on a dispute which must be implemented. This must occur within a fixed time period and in accordance with agreed procedures. If either party is not satisfied with the decision, other dispute resolution processes can be used at the end of the interim period. This should not be confused with the broad term 'adjudication' as used to describe the process by which a thirdparty neutral makes a decision on the outcome of the case. Litigation. Litigation is a formal, rights-based adjudicative process that depends on each party advancing position, presenting evidence, and making arguments before a neutral third party decision-maker. Litigation is used in trial and hearings. Litigation - the process by which a civil or commercial dispute is determined through courts of law. It results in a binding decision by a judge imposed on all parties. Litigation is the act or process of bringing or contesting a lawsuit and as such concerns the enforcement of legal rights. Judgments are made according to the law.

Arbitration. Arbitration is an adjudicative form of dispute resolution involving a mutually acceptable neutral third party (arbitrator) empowered to make a decision on the merits after an informal hearing that usually includes presentation of evidence and oral argument. Arbitral decisions are generally binding and subject to limited judicial review. In exceptional cases, decisions are treated as non-binding and the right yo proceed to trial is preserved. Arbitration may be voluntary (by private agreement) or compulsory (by legislation or through a public court-annexed program). Instead of a single arbitrator, a panel (generally a tripartite board) may be used. Final offer selection is a version of arbitration where the arbitrator chooses between best offers submitted by parties. Arbitration is widely used for labor relations and commercial disputes. Arbitration - the dispute is resolved by the decision of a third party: the arbitrator or panel of arbitrators (tribunal). It is a formal and binding process from which there are very limited grounds of appeal. As arbitration award is generally enforceable worldwide. This is probably the best-known form of private dispute resolution.

Mediation/Arbitration (MED/ARB). Med/Arb is a process in which parties agree that mediation will be followed by arbitration of unresolved issues. In med/arb the same neutral third party generally perform both roles. Med/Arb is becoming increasingly popular in the lborrelation area. the reverse (Arb/med) is also used in some circumstances. Negotiation. Negotiation is a process in which parties communicate directly or indirectly for the purpose of reaching an agreement. Approaches to negotiation include competitive, cooperative, and integrative. Negotiation may be based on power, rights, or interests. Negotiation may be conducted by parties themselves or by agents. Mediation. Mediation is a process of assisted negotiation that relies on a neutral third party (mediator) to help parties reach a mutually agreeable resolution. Participation by the parties may be voluntary (by private agreement) or mandatory (through a public program such as courtannexed mediation). Whether attendance is voluntary or mandatory, settlements are consensual; the mediator has no authority to impose result. Settlements reached through

mediation are binding upon the parties. Forms of mediation include evaluative, problemsolving, facilitative, transformative, and therapeutic. Mediation - a voluntary and guided process whereby an independent mediator helps the parties to negotiate the settlement of a dispute. The process is not binding unless or until the parties reach agreement, after which the final agreement can be enforced as a contract. Conciliation. Conciliation is a process in which a neutral third party (conciliator) conveys information between parties and attempts to improve direct communication between them. The conciliator often prepares a report that describes the scope of agreement and disagreement. The role of a conciliator is more passive than a mediator. Conciliaton is most often used in collective bargaining disputes. Conciliation - a without prejudice, non-binding dispute resolution process in which an independent third party (neutral) assists the parties to settle their differences. He or she may, if necessary, propose a solution for the parties to consider before agreement is reached. Conciliation is similar to mediation. Early neutral evaluation - where an expert is appointed to review the case then tell the parties what the likely outcome would be if they went to trial. It is not binding and enables the parties to negotiate a settlement once they have heard the evaluation. Judicial Dispute Resolution. The legal system provides a necessary structure for the resolution of many disputes. However, some disputants will not reach agreement through a collaborative processes. Some disputes need the coercive power of the state to enforce a resolution. Perhaps more importantly, many people want a professional advocate when they become involved in a dispute, particularly if the dispute involves perceived legal rights, legal wrongdoing, or threat of legal action against them. The most common form of judicial dispute resolution is litigation. Litigation is initiated when one party files suit against another. In the United States, litigation is facilitated by the government within federal, state, and municipal courts. The proceedings are very formal and are governed by rules, such as rules of evidence and procedure, which are established by the legislature. Outcomes are decided by an impartial judge and/or jury, based on the factual questions of the case and the application law. The verdict of the court is binding, not advisory; however, both parties have the right to appeal the judgment to a higher court. Judicial dispute resolution is typically adversarial in nature, for example, involving antagonistic parties or opposing interests seeking an outcome most favorable to their position. SOURCES: http://www.pmc.org.ph/glossary-and-abbreviations.htm http://www.ciarb.org/resources/jargon-buster/ Global Business Environment (Fifth Edition) By FITT Pages 301,302 & 303

Sherwyn, David, Tracey, Bruce & Zev Eigen, "In Defense of Mandatory Arbitration of Employment Disputes: Saving the Baby, Tossing out the Bath Water, and Constructing a New Sink in the Process", 2 U. Pa. J. Lab. & Emp. L. 73 (1999)