Alternative Dispute Resolution (ADR) describes techniques that can be used to resolve disputes without formal adjudication. ADR processes usually involve impartial intervenors, referred to as "neutrals." In some forms of ADR, neutrals issue decisions. In others, neutrals help the parties resolve their own disputes.
Arbitration, widely used in commercial and labor-management disputes, involves submission of a dispute to a neutral or panel of neutrals who render a decision after hearing arguments and reviewing evidence. Arbitration is less rigidly structured than formal court proceedings, and can often be concluded more quickly. In binding arbitration parties select the neutral and are bound by the arbitrator.s decision. In final offer arbitration, the arbitrator chooses between the last positions of the parties. Court-ordered arbitration is usually non-binding and allows for an appeal and trial.
Early Neutral Evaluation (ENE) is a process in which parties and their counsel present the factual and legal bases of their case to a respected neutral (an expert in a particular area of law.) The neutral gives them a non-binding prediction of the outcome. ENE is useful in resolving disputes involving specific legal issues.
Facilitation is a collaborative process used to help groups with divergent views reach a goal or complete a task. Facilitated meetings are now quite common.
Mediation is a structured dispute resolution process in which a neutral assists disputing parties to reach a negotiated settlement of their differences. Mediation is generally a voluntary process that aims at a signed agreement resolving the dispute and defining the parties. future relationship. The mediator uses a variety of skills and techniques to help parties communicate, negotiate, and reach agreements. While mediators may, under certain circumstances, make suggestions about potential resolutions to the parties, they have no authority to render decisions.
Neutral Expert Fact Finders make findings of fact on specific issues to case resolution. This ADR form is especially useful in factual disputes. For instance, the neutral.s opinion could help resolve a causation issue or narrow factual issues for trial. Depending on the parties. agreement, the neutral.s decision may be binding or non-binding.