Alternative Dispute Resolution

What is alternative dispute resolution (ADR)?

Processes used to resolve conflicts or claims without going to court.

What are advantages of alternative dispute resolution?

It may save time and money, preserve privacy, and give parties more control over the process.

What is negotiation?

A process in which parties engage in good-faith discussions with the goal of reaching a mutually agreeable resolution.

What is case evaluation?

A nonbinding process in which parties present facts and issues to an experienced neutral case evaluator.

Is case evaluation binding?

No. It is nonbinding.

What is mediation?

A private process in which a neutral third party called a mediator assists the parties in discussing and trying to resolve their dispute.

Why is mediation considered voluntary even when it is court-ordered?

Because the parties are not required to reach an agreement.

What is arbitration?

A private process in which an impartial intermediary chosen by the parties decides a dispute after receiving evidence and hearing arguments.

Is arbitration generally more or less formal than mediation?

More formal.

What are the two types of arbitration identified by NALA?

Private arbitration and judicial arbitration.

What is private arbitration?

Arbitration agreed upon by the parties in which the arbitrator is limited to disputes and issues covered by their agreement.

Can private arbitration be binding or nonbinding?

Yes. The parties may agree to either.

What is judicial arbitration?

A nonbinding form of arbitration from which a dissatisfied party may choose to go to trial.

Why is judicial arbitration often used?

To facilitate settlement negotiations before trial.

Can a jurisdiction require arbitration before a case proceeds to trial?

Yes. Some jurisdictions mandate arbitration before trial proceedings.

What is a mini-trial?

A settlement process in which parties present summarized versions of their cases in a private forum to a neutral advisor and/or representatives with settlement authority.

Is a mini-trial actually a trial proceeding?

No.

What may happen if the parties do not settle during a mini-trial?

The neutral advisor may serve as mediator and issue a nonbinding opinion about the likely outcome in court.

What does "promulgate" mean?

To formally issue or put into effect a law or regulation. Administrative agencies promulgate regulations through their quasi-legislative function.