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| Alternative Dispute Resolution |
"Alternative dispute resolution," commonly referred to as "ADR," refers to a variety of methods for resolving disputes between parties without traditional legal representation or litigation. Instead, ADR involves a third party--a neutral individual--who works with both parties to the dispute to resolve their differences.
ADR is conducted in a manner that is more businesslike and less adversarial than litigation. Each party tells their side of the story to the third party in a setting that's usually less formal than a court proceeding.
Saving Time and Money
As an alternative to traditional litigation, many forms of ADR have the potential to save both parties significant time and money:
- ADR has the ability to start the process of working out disagreement and differences without waiting for the often-overburdened civil courts to hear the case
- Unlike court trials, dispute resolution methods can reduce or eliminate the need for costly "discovery" where each party's counsel tries to gain information held by the other party
Common Methods of ADR
Arbitration is a kind of "private trial" and requires both parties to submit the dispute to one or more impartial persons, with the goal of a final and binding decision.
The arbitrator(s) may be attorneys or business professionals with expertise in the field. They decide the issues to be resolved, the possible awards, and how the process will proceed. Unlike a court hearing, arbitration can be less formal. Decisions reached by the arbitrators are usually final and not reviewed further by the courts.
Mediation involves a neutral person helping two or more parties to reach a voluntary settlement. The mediator's role is to advise the parties and offer suggestions on how to resolve the differences. Both parties involved have an active role and ultimately decide the final outcome of the dispute with the assistance of the mediator.
Privacy
Arbitration, mediation, and other forms of ADR are not processes open to the public, unlike court disputes. The hearings and awards are completely private and confidential and are not disclosed.
Who Uses ADR?
Virtually every type of dispute that can be litigated can also employ alternative dispute resolution methods. Disputes involving business, insurance, labor relations, environment, public policy, divorce, securities, technology, employment and international trade have used mediators or arbitrators.
ADR Resources
Listed below are several Alternative Dispute Resolution resources which are available to guide you in deciding the best route for your particular circumstance.
American Arbitration Association
140 W. 51 Street
New York, New York 10020-1203
Phone:212/484-4000
Fax:212/765-4874
Web: www.adr.org
CPR Institute for Dispute Resolution
366 Madison Avenue
New York, New York 10017
Phone:212/949-6490
Fax:212/949-8859
Web: www.cpradr.org
American Bar Association Section on Dispute Resolution
1800 M Street, NW
Washington, DC 20036
Phone:202/662-1680
Fax:202/662-1683
Web: www.abanet.org/dispute/home.html
The National Institute For Dispute Resolution
1726 M Street, NW
Suite 500
Washington, DC 20036
Phone:202/466-4764
Fax:202/466-4769
Web: www.crenet.org
Society of Professionals In Dispute Resolution
815 15th Street, NW
Suite 530
Washington, DC 20005
Phone:202/265-1927
Fax:202/265-1968
Web: www.spidr.org
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