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When You Have Disputes, There are Choices!
Facilitation
- Facilitator helps group identify and solve problems
- Parties make decision
- Informal process
- Parties determine who participates
- Agenda and agreements are dependent on the parties
Facilitation is a collaborative way to manage a group discussion to help the group identify and solve problems, make decisions, and complete tasks.
Facilitation encourages a cooperative environment so that the group can fulfill its purpose as easily as possible.
Facilitation creates a climate that invites creative thinking, protects individuals from criticism, and generates ideas so the group can reach its goals.
Mediation
- Mediator helps parties explore solutions
- Parties make decision
- Informal process
- Rules of evidence do not apply
- Often faster and less expensive than litigation
- Sessions may be confidential
- Agreements are determined by the parties
Mediation is a process in which the parties to a dispute (and sometimes their lawyers) meet with a trained impartial person, or “mediator,” who helps them explore solutions.
The mediator meets with all sides, together and separately, and uses a variety of techniques to help the parties come to a resolution. The mediator does not decide disputes.
Arbitration
- Arbitrator makes decisions
- Less formal process than litigation
- Limited discovery
- Often faster and less expensive than litigation
- Hearings can be private
- Decisions may be final (with limited appeal rights)
The arbitration process generally takes the place of a court trial. Instead of going before a judge, disputing parties agree that they will be bound by the decision of an impartial person, or “arbitrator.” The arbitrator listens to opposing parties in a dispute and renders a decision.
Arbitration is private, usually voluntary, and decisions are almost always binding. (Many cases filed in the Hawaii State Judiciary are included in the Court Annexed Arbitration Program [CAAP]. CAAP arbitrations are non-binding.)