Overview of ADR Techniques
ADR offers a variety of techniques ranging from informal, where the parties have complete control over the outcome, to highly structured processes where the parties have little or no control over the outcome. Moving left to right; this graphic represents how parties give up control over the outcome as they use techniques that give more control to a mediator.

Unassisted Negotiation
Obviously, at one end of the spectrum are disputes where the parties work together without outside help to resolve their dispute. Therefore, unassisted negotiation is not truly considered a form of ADR.

Partnering
In partnering the parties seek to prevent disputes before they occur. Often used at the beginning of a contract where a multidisciplinary team will be working together, a partnering workshop provides a facilitated, open environment for parties to work as a team in order to discuss expectations and determine methods for managing conflict and preventing disputes. Partnering fosters increased communication and promotes team-building. It helps build strong working relationships among the parties. It often features a partnering agreement and general commitment to resolve disputes early using other ADR methods if necessary.

Conciliation
In conciliation a neutral third party attempts to build a positive relationship between parties to promote dialogue and trust. The third party is not a decision maker, but a facilitator for resolution.
Conciliation is a process in which disputants, with the assistance of a conciliator, identify the issues, develop options, consider alternatives and seek to reach an agreement. The conciliator may have an advisory role on the content of the dispute or the outcome or its resolution, but not a determinative role.

Facilitation
In facilitation a neutral third party acts as a process guide to improve the flow of information between disputing parties. The facilitator focuses on the process used to resolve the dispute and does not render a binding decision. Decisions are reached through the process adopted by the participating parties.
Facilitators are recommended when meetings need to flow efficiently or when there is information presented that may be controversial or invoke an emotional response.

Mediation
In mediation a neutral helps the parties resolve their own dispute in a manner that is acceptable to both. The mediator’s role is to help parties focus on their interests and goals in order to seek an agreement that meets the needs of everyone. The mediator has no decision making authority.
There are many different mediation techniques but the techniques used in the DON primarily fall into either the facilitative (workplace) or evaluative (contracts) styles. In practice many mediators blend the two styles.
In the facilitative style, the mediator concentrates on getting the parties to communicate with each other in order to come up with their own solution. But in the evaluative style, the mediator is more actively involved in getting the case settled, hearing arguments and assessing strengths and weaknesses of the parties' arguments.

Evaluative Methods
There are several evaluative methods of ADR, including non-binding arbitration, summary jury trial, settlement conferences, and mini-trial, among others. An evaluative mediator assists the parties to reach resolution by suggesting relative weaknesses of each party's case and predicting what will happen if they proceed with litigation.

• Peer Review - a panel that may be comprised of managers and employees to render a decision in a workplace dispute.


• Non-Binding Arbitration - essentially a mini-trial proceeding presided over solely by a neutral acting as an arbitrator. Following the proceeding, the arbitrator will provide an evaluative non-binding decision that serves as an indication of what the likely result might be should the matter be fully litigated.


• Settlement Conference - generally held by a judge from the forum with jurisdiction. The judge, as a neutral third party, will try to assist parties in settling their dispute before the trial. At the ASBCA, this usually takes the form of an evaluative mediation. Settlement conferences can save litigants both time and money.


• Mini-Trial - a process which can be useful to organizations in dispute in complex matters. Typically, the senior executives with authority to settle form a panel together with a neutral Chair of the panel. The legal representatives for both parties make a presentation of their case in a summary fashion, with a minimal number of witnesses. Following the presentation the executives negotiate, with or without the assistance of the neutral, attempting to find a mutually acceptable resolution of the issues.

Arbitration
Arbitration involves a neutral third party who plays a decision role. It is more formal and often has rules derived from contracts, the courts, or associations such as the American Arbitration Association. The parties choose an arbitrator or panel of arbitrators who hear evidence and testimony and then render a decision.
There are various kinds of arbitration. Binding Arbitration has the effect of law and the parties must comply with the ruling. Non-Binding Arbitration does not require compliance - the parties often then negotiate a settlement themselves or use mediation. Arbitration is commonly used in contracts, insurance claims, labor disputes, and other situations where the parties have a continuing business relationship. Generally speaking, with the exception of certain labor management disputes, the DON does not engage in binding arbitrations due to certain statutory restrictions found in the Administrative Dispute Resolution Act of 1996. (5 U.S.C. § 575(c)) If your command wants to do arbitration outside the labor-management arena, please contact the DON ADR Program.

Ombudsman
There are many types of ombudsman, but generally an ombudsman is a neutral senior official (usually an employee) appointed by the senior leadership of an organization to recommend systemic changes, seek to prevent conflict, and assist in resolving disputes. An ombudsman uses a variety of methods such as coaching, facilitation, mediation, and fact-finding. Ombudsmen provide a grievance mechanism within the workplace by listening to employee concerns.