Mind and Heart of the Negotiator, Second Edition, The

Third-Party Roles

There are a number of ways in which a third party may intervene in a dispute (see Rubin, Pruitt, and Kim 1994 for a more complete discussion).

Outcome versus Process Control

Most commonly, third-party intervention takes the form of mediation or arbitration. In mediation, the third party has process (but not outcome) control. The mediator aids disputants in resolving the dispute but does not have the power to impose a settlement. In arbitration, third parties have process and outcome control. Principals present their case or final offer to a third party, who has the power to impose a solution. Arbitration may be passive or inquisitive, and the arbiter can have full discretion to impose any kind of settlement or have constraints ...