ceeding to trial, if a party does not improve their position relative to the non-binding arbitration award. Private Tribunals (Rent a Judge) - By statute in most states, parties can appoint any person as their judge, with full judicial powers. The private tribunal's decision is entitled to entry as a judgment and may be appealed. Consensual Processes Ombudsperson - An official appointed by and paid for by an institution, who investigates problems, seeks to prevent conflict and assists to resolve disputes. The ombudsperson is not a true mediator due to the institutional affiliation, which to some extent, compromises his or her impartiality and neutrality. Fact-finding - An agreed-upon neutral finds facts as an assist to some other processes - negotiation, mediation or adjudication. Fact-finding is often used in the labor-management context. The fact-finder may make findings public, with the parties' consent, to increase pressure for settlement. Alternatively, the fact-finders' recommendations may, by the parties' agreement, be confidential and non-admissible in any subsequent contested hearing. Negotiation - Communications for an agreement directly between the parties or through their representatives, intended to reach agreement for the future (transactional negotiation) or to resolve a past dispute (dispute negotiation). In negotiation, the desired objective is an agreement, which is typically, but not always, enforceable under law. Mediation - Facilitated communications for agreement, resolving a past dispute and/or creating agreement for the future, with the assistance of an impartial facilitator. Decision-making power always resides with the participants in mediation. The desired result in mediation is agreement, sometimes, but not always, enforceable under law. Distinguish between voluntary mediation, mandatory mediation and muscle mediation (or med-rec). Also, distinguish between early neutral evaluation and interest-based mediatio...
