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.)