Which of the following is NOT a type of dispute resolution mentioned?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The correct answer, which indicates the option that is not a recognized type of dispute resolution, is based on the standard classifications within dispute resolution methods. Mediation and arbitration are well-established forms of alternative dispute resolution (ADR) commonly used in legal contexts.

Mediation involves a neutral third party facilitating a discussion between parties to help them reach a mutually acceptable agreement, while arbitration consists of a neutral arbitrator hearing evidence from both sides and making a binding decision.

Positional bargaining, while it can occur in negotiations, is generally not classified as a formal type of dispute resolution. It describes a negotiation strategy where parties hold onto fixed positions, which is often less collaborative than mediation or arbitration.

Settlement conferences, on the other hand, are often used in litigation contexts to encourage parties to reach an agreement before going to trial. However, they are less formal than arbitration or mediation and more structured than general negotiation.

Thus, in this context, "Positional bargaining" is a negotiation tactic rather than a formal type of dispute resolution process, making it the right choice here.

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