- Mediation – an out of court process in which the parties discuss their dispute with the assistance of a trained, impartial third person who assists them to reach a settlement. It is both voluntary and confidential. The mediator do not have the power to impose a settlement but rather facilitates negotiation between the parties. The dispute may either be pending in a court or potentially a dispute which may be filed in court. It can be highly cost effective and efficient.
- Arbitration – a more formal process than mediation. Parties are given the opportunity to present their cases to a third party arbitrator, including questioning witnesses. There is usually little negotiation between the parties. The arbitrator generally has the power to render a legally binding decision which the parties must honour. The award is enforceable in the courts.
- Med -Arb – a hybrid approach that combines mediation and arbitration. Initially the parties try to reach settlement through mediation (facilitated negotiation). If there are issues that are not resolved through mediation, the arbitrator (who is the same person who acted as mediator) will make the decision for the parties.