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WHAT IS ADR? |
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"ADR" is "Alternative Dispute
Resolution," and refers to resolution of disputes outside of court. "ADR"
includes a variety of procedures, including the following: mediation,
arbitration, mini-trials, focus groups, facilitation, and structured settlement
negotiations.
The following "ADR Primer" compares and contrasts mediation, arbitration and
litigation:
ADR PRIMER: ADVANTAGES AND DISADVANTAGES OF
MEDIATION *
ARBITRATION * LITIGATION
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Mediation |
Arbitration |
Litigation |
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Expense |
Not
expensive |
Sometimes expensive |
Almost always expensive |
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Confidentiality |
Yes |
Yes |
Generally no |
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Expeditious |
Yes |
Usually |
No |
Neutral has
expertise
in subject matter |
Generally yes |
Generally yes |
Generally no |
| Final, binding
decision |
No |
Yes |
Yes,
subject
to appeal |
Parties can tailor
procedures
to their purposes |
Yes |
Generally yes |
Generally no |
Neutral will
issue
conclusions of law |
No |
Generally no |
Yes |
| Decision by jury
of peers |
No |
No |
Generally yes |
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| ADR Home |
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