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Mediation, Court-Based



Conciliation
Conciliation involves efforts by a third party to improve the relationship between two or more disputants. It may be done as a part of mediation, or independently. Generally, the third party will work with the disputants to correct misunderstandings, reduce fear and distrust, and generally improve communication between the parties in conflict. Sometimes, this alone will result in dispute settlement; at other times, it paves the way for a later mediation process.
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Consensus Building/Collaborative Problem Solving
Consensus building is used to settle conflicts that involve multiple parties and complicated issues. The approach seeks to transform adversarial confrontations into a cooperative search for information and solutions that meet all parties' interests and needs.
Summary Articles: CRInfo
Recommended References: From Beyond Intractability Project
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Dispute Systems Design
Dispute system design refers to the process of creating an entire routinized system for repetitively handling similar types of disputes.
Summary Articles: CRInfo -- From Beyond Intractability Project
Recommended References: From Beyond Intractability Project
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Grassroots Process Design
Interventions are less likely to succeed if the parties feel that outsiders are imposing on the process. These resrouces addresses strategies for involving the parties and building their sense of ownership in the process.
Summary Articles: From Beyond Intractability Project
Recommended References: From Beyond Intractability Project
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Facilitation
Facilitation is a process in which a neutral person helps a group work together more effectively. Good facilitators can help groups stay on task and be more creative, efficient, and productive.
Summary Articles: CRInfo -- From Beyond Intractability Project
Recommended References: From Beyond Intractability Project
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Mini-trial
A mini-trial is a private dispute resolution process that involves a plaintiff, a defendant, and a judge or master (also any lawyers either party might have). The facts of the case are concisely presented by each side and the judge or master then gives his or her opinion based on the facts presented as to what will most likely happen if the case were to go to full trial.
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Special Masters
Special Masters are people appointed by the court to help manage complex cases. For example, they can be used to organize evidence and manage pre-trial discovery. Special Masters assist parties in complex cases to reach settlements in lieu of going to court.
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Summary Jury Trial
A summary jury trial is an alternative court process that involves both parties of a dispute presenting a brief version of their case before a jury and judge. At the end of this process the jury issues a non-binding verdict. This process is used to encourage out-of-court negotiations by presenting the parties with an independent forecast of the likely results of a conventional trial.
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Interpersonal Violence Prevention
Interpersonal violence prevention refers to any process that is used to prevent, mitigate, or resolve violence between private individuals.
Summary Articles: CRInfo
Recommended References: From Beyond Intractability Project
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