DEFINITION

• Alternative Dispute Resolution (ADR) is the procedure for settling disputes by means other than litigation -- such as arbitration, mediation or mini-trials.

• ADR procedures are usually less costly and more expeditious. They are increasingly being utilized in disputes that would otherwise result in litigation -- including labor disputes, divorce actions, and personal injury claims.

• All ADR processes motivate the parties and their lawyers to prepare for resolution of the conflict. As with traditional litigation, the parties have a hearing, during which they have the opportunity to present their perspectives and ideas of a fair resolution.

• Many people prefer ADR because they view it as a more creative process focused on problem solving, unlike litigation, which can foster an adversarial relationship.

• Although some ADR methods are well- established and frequently used (such as arbitration and mediation), ADR has no fixed definition. There are no limits to the methods that may be used to resolve a conflict. Clients, lawyers and judges are continuously adapting ADR methods or devising new ones to meet the unique needs of particular legal disputes.

FIND AN ALTERNATIVE DISPUTE RESOLUTION PRACTITIONER IN YOUR AREA.

RELATED PRACTICE AREAS

Litigation & Appeals
Mediation & Collaborative Law
Family Law
Employment Law - Employee
Employment Law - Employer

BUZZWORDS

Arbitration - A process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties have an opportunity to be heard. Where arbitration is voluntary, the disputing parties select the arbitrator, who has the power to render a binding decision.

Arbitrator - A neutral person, either chosen by the parties to a dispute or appointed by a court, to hear the claims and render a decision.

Hearing - A proceeding generally less formal than a trial, generally public, with definite issues of fact or law to be tried, in which witnesses are heard and evidence is presented.

Mediation - Private, informal dispute resolution process in which a neutral third person, the mediator, helps disputing parties reach an agreement. The mediator has no power to impose a decision on the parties.

PRACTICE AREA NOTES

• ADR arose from the frustration of clients, lawyers and judges with the high cost, low speed and adversarial nature of litigation.
• ADR is becoming increasingly popular in resolving conflicts involving issues that would otherwise probably end up in court.
• Attorneys practicing ADR methods will be found most frequently in the following areas of law: commercial, construction, elections, employment, federal practice, insurance, international, labor and securities.