What is alternative dispute resolution?
Alternative dispute resolution (ADR) provides peaceful effective methods of resolving conflicts. Neutral third parties assist individuals engaged in conflict – find a settlement, through the use of mediation and arbitration. Alternative Dispute Resolution is a growing practice and helps individuals in a variety of fields including: • employment issues • commercial disputes • landlord-tenant issues • international disputes • public policy issues • neighbor-to-neighbor disputes and • family issues This rapid rise is primarily attributed to the desires of parties on both sides of a dispute to reach a settlement and avoid slow, costly litigation.
Alternative dispute resolution (ADR) represents a variety of processes through which potential litigants may resolve disputes. The traditional view is that processes ranging from face-to-face negotiations to formal, binding arbitrations are used as an alternative to litigation. Today, however, ADR practitioners, and increasingly the public, recognize that litigation need not be the standard against which all other processes are deemed “alternative.” Instead, the process of litigation occupies a place within a spectrum of “appropriate dispute resolution”. Appropriate Dispute Resolution processes differ along the continuum in the degree to which parties relinquish control of the process and outcome to a neutral third party, the expertise a third-party neutral must have in either the process or subject matter of the dispute, and the extent to which parties voluntarily bind themselves to whatever resolution emerges from the ADR proceeding. Thus, if one wished to rank ADR processes by the e
Alternative dispute resolution (ADR) refers to a variety of informal, non-adversarial processes outside of formal complaint and grievance mechanisms. These processes include mediation, facilitation, conciliation, peer review panels, and shuttle diplomacy. ADR emphasizes collaborative problem solving, rather than win-lose approaches.
A trial is the ultimate dispute resolution mechanism in the civil litigation process. To get to a trial, however, takes time and resources. Alternative dispute resolution, or ADR, takes several forms; the most common of which are mediation and arbitration. Mediation is a process where the parties submit the case to a neutral mediator who assists the parties in an effort to reach a mutually-agreeable resolution of the case. Mediation is non-binding and the mediator (usually a former Judge or experienced attorney) does not make a decision about the case if the parties cannot reach a voluntary agreement. Arbitration involves the use of a neutral arbitrator who hears the evidence and makes a decision in the case. In contrast to mediation, arbitration is binding and final. Arbitration takes the place of a trial and is only subject to very limited rights of appeal.
Horizontal Line Alternative Dispute Resolution (ADR) is a term describing a variety of procedures used to resolve disputes and encourage win-win decisions. These procedures can range from assisted decision-making involving a neutral third party through mediation, to actual decision-making by a third party, as in arbitration. Assisted decision-making, in which the parties make their own decisions, may involve something relatively simple such as coaching or relationship-building, to more complex procedural guidance including facilitation and mediation assistance from a neutral third-party, or substantive assistance such as early neutral evaluation, fact-finding, and settlement conferences conducted by attorneys or retired judges. Taken together, many ADR procedures tend to be less adversarial than a court trial, and are often cheaper, faster, less formalistic, and satisfaction with the final decision is higher. The parties take ownership in the agreed-upon decision because they participa
