Negotiation and Mediation Issues in Regulation

Having a few definitions in place helps us understand why there has been a shift in emphasis from regulation to negotiation for some areas of dispute.?? Litigation: A process of contesting an issue in an adversarial lawsuit—which can be settled by a judicial trial.?? Regulation: A process whereby activities are controlled or directed according to a rule or principle.?? Adjudication: A process of hearing and deciding a case based on the application of previously determined rules to conduct.?? Stipulation: A process whereby an essential part of an agreement is specified.?? Arbitration: A process whereby a person selected to the a judge makes a decision about a case involving contending parties who agree to abide by the decision.?? Negotiation: A process of discussion designed to reach an agreement: “a means of advancing the full set of your interests by jointly decided action ” (Lax, 1997)?? Mediation: A process in which one party assists in settling differences among contending parties. These terms are defined so that the different approaches can be distinguished more sharply. These techniques of conflict resolution are all part of the regulatory tool-kit. It is important to understand the strengths and limitations of each, and to see where the techniques might be best applied. In the United States, regulatory commissions have tended to adopt a judicial approach to addressing issues. The process resembled court cases in which key stakeholders presented their sides of the argument, and the regulators made some final decision based on the facts in the record and on the law. They traditionally served in a quasi-judicial capacity. That is