Alternative Dispute Resolution
Although the courtroom continues to provide the public with an important means of justice, other options exist that may result in a quicker result and a solution that better meets the needs of the disputants. As the name implies, Alternative Dispute Resolution (ADR) is a means of settling a legal matter without taking the matter to a court. Advantages of ADR include the potential of a substantial savings of time and money, availability of creative solutions, confidentiality and the ability to manage the risk of a legal dispute.
There are several types of ADR, including but not limited to, arbitration, case evaluation, facilitation and mediation:
Arbitration
Arbitration is a formal process in which parties submit their dispute to an impartial arbitrator or panel of arbitrators. The arbitrator or panel considers the evidence, often presented during a hearing, and then issues a decision resolving the dispute. The decision is ordinarily binding and is not subject to appeal, except for a few limited circumstances. Arbitration offers a more efficient and private alternative to courtroom adjudication of disputes.
Case Evaluation
Case evaluation is a non-binding process in which parties to a dispute present the facts and the issues to be determined to an experienced neutral case evaluator. The case evaluator advises the parties on the strengths and weaknesses of their respective positions, and assesses how the dispute is likely to be decided by a jury or other adjudicator. The parties may then use this feedback to help reach a mutually agreeable resolution.
Facilitation
Facilitation is a process in which a trained individual assists a group of two or more people to discuss issues to be addressed by the group. This may include assistance in defining and analyzing issues, developing alternatives and executing the agreed upon solutions. A facilitator can help to enhance communication, consensus building and decision making among individuals in a variety of settings, including community, corporate, educational and family groups.
Mediation
Mediation is an informal process in which parties agree to work together, with the assistance of a trained neutral mediator, to explore their respective interests and generate options for resolving their dispute. The mediator helps to facilitate communication but has no power to impose a resolution. Mediation is a flexible process that allows the parties to confidentially discuss any issues they choose to address and determine the outcome.
If you think your legal matter could be resolved through an ADR approach, ask your attorney if he or she has experience in these areas or can give you a referral.