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Today's Terms
Mediation-Arbitration (Med-Arb)
Definition:
A hybrid of mediation and arbitration (see definitions) that relies on a neutral who functions both as a mediator and an arbitrator.
Negotiation
Definition:
Process where parties directly exchange ideas, views, promises, and problems surrounding a dispute. Positional bargaining tends to focus on demands, and counter-demands of disputing parties, sometimes leading to a bargaining process where parties trade concessions and demands.
Fact-finding
Definition:
Usually used in relation to negotiation, mediation, or arbitration of complex disputes. This is a process by which facts relevant to a dispute are determined. These can be ascertained by a neutral fact-finder, a joint fact-finding effort involving the cooperation of disputing parties, reliance upon the data of independent sources, or a mixture of these.
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