Alternative Dispute Resolution
What is it?
ADR can be defined as a process that uses peaceful means to settle disputes that would normally be taken to a judge or jury for final settlement. There are several concepts that fall under the category of ADR including, mediation and arbitration. Mediation is the process where a neutral third party meets with the opposing parties and helps them come up with a workable solution. Mediation sessions can take place with all parties in the same room or the parties in separate rooms with the mediator going between the rooms to share the information gained from each of the parties. The goal of the neutral third party is to help the opposing parties determine the underlying needs of one another and determine what result would be best for those involved. One of the major benefits of the mediation process is that the parties are the ones who come up with the final resolution.
Arbitration is an ADR method that more closely resembles a judicial solution to conflict resolution. The difference in arbitration and traditional litigation is that the parties have the opportunity to have their own private hearing with their own private "judge" - the arbitrator. Each of the opposing parties has the opportunity to share their side of the story and the arbitrator will make a decision on how to settle the conflict. Unlike a traditional litigation situation, the arbitrator may not necessarily use any rules of law to make their decision; instead, they may base the decision on their own specialized knowledge.
ADR can be defined as a process that uses peaceful means to settle disputes that would normally be taken to a judge or jury for final settlement. There are several concepts that fall under the category of ADR including, mediation and arbitration. Mediation is the process where a neutral third party meets with the opposing parties and helps them come up with a workable solution. Mediation sessions can take place with all parties in the same room or the parties in separate rooms with the mediator going between the rooms to share the information gained from each of the parties. The goal of the neutral third party is to help the opposing parties determine the underlying needs of one another and determine what result would be best for those involved. One of the major benefits of the mediation process is that the parties are the ones who come up with the final resolution.
Arbitration is an ADR method that more closely resembles a judicial solution to conflict resolution. The difference in arbitration and traditional litigation is that the parties have the opportunity to have their own private hearing with their own private "judge" - the arbitrator. Each of the opposing parties has the opportunity to share their side of the story and the arbitrator will make a decision on how to settle the conflict. Unlike a traditional litigation situation, the arbitrator may not necessarily use any rules of law to make their decision; instead, they may base the decision on their own specialized knowledge.