What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution (ADR) is a broad term for a wide range of processes that can be used as alternate ways to resolve disputes other than the usual steps in court cases, such as a trial. Mediation, arbitration, and early neutral evaluation (ENE) are forms of ADR. Arbitration is a form of private hearing in which the parties submit their dispute to an impartial decision-maker, an arbitrator, or sometimes a panel of multiple arbitrators. The hearing is generally less formal and more private than a hearing in court. The arbitrator considers the evidence presented by the parties and then issues a decision about the dispute. The form of arbitration offered through the Maine courts is non-binding arbitration. Early Neutral Evaluation (ENE), sometimes called case evaluation, is an informal process in which parties present the disputed facts and legal issues to an experienced neutral evaluator. The evaluator may advise the parties on the strengths and weaknesses of their positions,
The term “alternative dispute resolution” (ADR) encompasses several different techniques for resolving disputes, all of which share the characteristic of being “alternative” to a judicial trial or administrative agency contested case proceeding. ADR includes mediation, arbitration, negotiation, mini-trial, early case evaluation, and negotiated rule-making. Mediation is the most frequently chosen ADR process. In mediation, a third-party neutral guides participants through a process designed to help them find ways to resolve their own conflicts — ways that can lay the foundation for better relationships and continued successful problem-solving in the future. Participants sometimes agree to customize the ADR process they are using to adapt it to their particular dispute. Mediation and other types of ADR are discussed below.
Alternative dispute resolution (ADR) is a process in which a neutral person tries to help the parties settle their case. There are different types of ADR, including arbitration, mediation, case evaluation, conciliation, dispute intervention, early neutral evaluation, mini-trial, summary jury trial, or any combination of these. Sometimes ADR services are provided as a result of a referral by a court. In some cases, the parties are required to participate in ADR. A court referral takes place whenever a judge or other court employee provides a party to a case with the name of one or more dispute resolution providers or directs a party to a particular dispute resolution provider. The Uniform Rules on Dispute Resolution regulate court-connected dispute resolution services. The rules are available on the Web at www.mass.gov/courts/admin/legal/newadrbook.pdf C. Do I have to pay for alternative dispute resolution services? Typically, yes. If you privately hire an individual or organization to
During the past several years, the courts have more frequently utilized alternative dispute resolution (ADR) measures to assist in the resolution and finalization of divorce cases. These ADR methods are designed to facilitate settlement between the parties, or to restore settlement negotiations which have previously been unsuccessful or have broken down. ADR can include conciliation, mediation, arbitration, and settlement conferences.
