Alternative Dispute Resolution
Alternate dispute resolution, or ADR for short, refers to one of the methods of resolving disputes. Disputes that resort to ADR don’t go through the process of filing a case in court.
The main purpose of ADR is to help parties find resolution for problems without having to go to court. ADR is governed by a set of rules.
Parties often resort to ADR to save time and the costs that may arise when an issue moves to court. The confidentiality and flexibility ADR offers are also among the reasons why parties prefer it.
ADR involves the following processes.
- Mediation
- Arbitration
- Negotiation
- Collaborative Law
- Mini Trial
- Neutral Evaluation
- Parenting Coordination
- Restorative Justice
- Settlement Conferencing
Mediation
Mediation involves the inclusion of a third party for dispute resolution. This third party is called the mediator, an individual who has experience in negotiating. The mediator doesn’t decide the outcome of the case. Instead, they bring the two parties to a common platform and help them settle the dispute. The mediator acts as the medium through which the parties can understand each other’s viewpoints. Mediation is used in a variety of cases, ranging from felonies to stock broker disputes.
Arbitration
Arbitration is pretty similar to litigation. In arbitration, the dispute between parties is heard by a qualified arbitrator. The arbitrator proceeds with the case out of court.
During arbitration, the arbitrator listens to the evidence and arguments from both parties and makes a decision. Arbitration isn’t as formal as a trial and generally has fewer rules of evidence. Arbitration has 2 types.
Binding Arbitration: The parties involved agree to the arbitrator’s decision. It is considered final, and the parties do not have a right to appeal under the Federal Arbitration Act.
Non-Binding Arbitration: If one of the parties disagrees with the arbitrator’s decision, the disapproving party may seek a trial.
Negotiation
Negotiation is often the first mode of dispute resolution. Negotiation allows both parties involved to meet and discuss the issue in an attempt to solve it. The advantages negotiation offers over arbitration and mediation are control and flexibility. In negotiation, parties can engage in dispute resolution without the involvement of third parties. Negotiations are often less formal, and rules are generally relaxed.
Collaborative Law
Collaborative law is used in divorce cases. The couple who has filed for divorce and their respective legal representatives can get through the divorce process without the involvement of the court. Collaborative law is based on the following principles.
- The parties make a pledge not to take the dispute to court.
- Honest, voluntary, and good-faith exchange of information without the need for a formal discovery process.
- The commitment to arrive at a solution that’s best for the couple and their children (if any).
The lawyers involved in a collaborative law will have to abide by these principles as well. But they have to ensure that they represent only their client and not the other party.
Mini Trial
A mini trial is a similar form of ADR when it comes to dispute resolution. In a mini trial, both parties involved present their cases to a neutral third party. Mini trials are private affairs. They involve the third party and the parties involved in the dispute, along with their lawyers. The third party here is usually a high-level senior executive or an impartial advisor.
In a mini trial, the lawyers present their case in a private setting before a third party. The third party listens to the proceedings and offers suggestions on the direction the case is heading.
Neutral Evaluation
In neutral evaluation, a neutral party with subject-matter expertise listens to arguments from both parties. The neutral party also considers the strengths and weaknesses of the parties involved and provides a list of possible outcomes. This allows for an accurate calculation of a possible settlement. Additionally, the neutral party will also offer case planning guidance and settlement assistance, should the need arise.
Parenting Coordination
Also called PC, the purpose of parenting coordination is to provide parenting strategies to high-conflict parents, helping them create a safe environment for their children. It is done with the help of a parenting coordinator, an individual who is a trained and experienced legal or mental health professional. The parenting coordinator makes decisions that benefit the parents and the children and are within the scope of a court order or appointment contract.
Restorative Justice
Restorative justice is an approach in which the parties involved address the incident or dispute. The objective of this is to find out the cause of the incident or dispute and the different factors involved in it. Doing so helps all the parties involved find a course of action to proceed with their lives.
Settlement Conferencing
Settlement conferencing is done by a judge or a representative of a judge. In settlement conferencing, a judge or a judge’s representative conducts a meeting with the parties in dispute and their lawyers. The objective of the meeting is to settle the dispute or a part of it before proceeding to trial.
