Ralph Adrian Miel

Negotiation and Diplomacy

Arbitration is an adversarial process, similar to that of court litigation but instead of going before the
state established courts, both parties with mutual consent agree to submit their dispute to Arbitration.
The process generally involves going before an Arbitrator or a panel of Arbitrator who are qualified in
law and certified as Arbitrators in order to settle their disputes.

Conciliation is a process through which two or more parties may explore and reach a negotiated
solution to their conflict with the help of a third neutral and disinterested party, the conciliator. The
conciliation process finds its most solid foundation and eventual success on the will of the parties to
engage in a meaningful dialogue regardless of the depth of their differences.

Mediation on the other hand is not an adversarial process and the parties do not necessarily submit
evidences or arguments, a neutral third party is appointed as the mediator who is more like a facilitator,
he/she listens to both sides of the dispute and helps the parties reach an amicable settlement. He does
not have the power to pass any judgment or order like an arbitrator or a court judge, the outcome of
the mediation has to be mutually agreed to by both the parties to the dispute else the whole process
fails. This process is much cheaper than traditional litigation and is also quicker.