Alternative Dispute Resolution (ADR)

These flashcards cover key vocabulary and concepts related to Alternative Dispute Resolution (ADR), including definitions of various terms and processes.

Alternative Dispute Resolution (ADR)

Any procedure or method for resolving disputes outside the traditional judicial process.

Mediation

A form of assisted negotiation where a neutral third party helps parties reach a voluntary settlement.

Arbitration

A process where parties present their case to a neutral third-party decisionmaker who makes a legally binding decision.

Negotiation

The first method of conflict resolution where parties make settlement offers and counter-offers.

Settlement

An agreement reached between parties in a dispute to resolve their conflict without continuing litigation.

Benefits of Mediation

Includes discovering underlying issues, promoting integrative settlements, high settlement rates, and reducing antagonism.

Costs of Litigation

The median costs of litigation vary by case type, often amounting to significant sums that ADR aims to reduce.

Mediation Inappropriate

Conditions under which mediation may not be suitable, such as threats of criminal action or when vital parties are absent.

Arbitration Benefits

Binding decisions, often cheaper than litigation, efficient, private, and allows selection of qualified arbitrators.

Setting Aside an Arbitration Award

An award can typically be challenged only if the arbitrator acted in bad faith or exceeded their authority.