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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 adjudicative and non-adjudicative procedures, including: mediation, arbitration, mini-trials, focus groups, facilitation, and structured settlement negotiations.
When choosing how to resolve a dispute it is important that the parties select the procedure that is most appropriate for the dispute and the parties.
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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