Originally from: AAA Handbook on Construction Arbitration and ADR - 2nd Edition

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I. Introduction

There are many forms of alternative dispute resolution that have developed over the years. For centuries, citizen tribunals have been used in various civilizations as parts of justice systems. These citizen tribunals rendered decisions in much the same way as arbitrators, judges, and juries do in the American justice system today.

Facilitation and mediation have come to be used as enhancements to communication and negotiation as opposed to arbitrary settlements by third parties, providing settlement options. Today, many of these processes are being combined into “hybrids” to be applied to specific situations in order to achieve specific goals.

RegNeg (negotiated rulemaking), for example, is a combination of facilitation, mediation, and negotiation that is being used in the public sector in the development of public policy. Hybrids, such as RegNeg, provide flexibility that helps to adjust to the ever-changing needs of society and its elements.