ADR is the general term for a wide variety of dispute resolution
processes that are alternatives to litigation. Types of ADR processes
include mediation, arbitration and settlement conferences, among
other forms.
What are
the advantages of choosing ADR instead of litigation?
- ADR can save time. A dispute can be resolved in a matter of
months, or even weeks, while litigation can take years.
- ADR can save money. Attorneys' fees, court costs, and expert
fees can be reduced or avoided altogether.
- ADR provides more participation. Parties have more opportunities
with ADR to express their interest and concerns, instead of focusing
exclusively on legal rights.
- ADR provides more control and flexibility. Parties can choose
the ADR process that is most likely to bring a satisfactory resolution
to their dispute.
- ADR can reduce stress. ADR encourages cooperation and communication,
while discouraging the adversarial atmosphere of litigation. Surveys
of parties who have participated in an ADR process have found
much greater satisfaction than with parties who have gone through
litigation.
What are the main forms of
ADR offered by the Court?
- Mediation is an informal, confidential process in which a neutral
party (the mediator) assists the parties in understanding their
own interests, the interests of the other parties, and the practical
and legal realities they all face. The mediator then helps the
parties to explore options and arrive at a mutual acceptable resolution
of the dispute. The mediator does not decide the dispute, the
parties do.
When is Mediation Appropriate?
- The parties want a no adversary procedure;
- The parties have a continuing business or personal relationship;
- Communication problems are interfering with a resolution;
- There is an emotional element involved;
- The parties are interested in an injunction, consent decree,
or other form of equitable relief.
- Arbitration is normally an informal process in which the neutral
(the arbitrator) decides the dispute after hearing the evidence
and arguments of the parties. The parties can agree to binding
or non-binding arbitration. Binding arbitration is designed to
give the parties a resolution of their dispute when they cannot
agree between themselves or with a mediator. If the arbitration
is non-binding, any party can reject the arbitrator's decision
and request a trial.
- The court has a binder containing resumes of mediators with
both specialized training and experience. This binder is available
from the Superior Court Clerk, Law Library and Arbitration Administrator.
It is also available on line by clicking
here .
When is Arbitration Appropriate?
- The action is for personal injury, property damage, or breach
of contract;
- Only monetary damages are sought;
- Witness testimony, under oath, is desired;
- An advisory opinion is sought from an experienced litigator
(if a non-binding arbitration).
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