This is FindLaw's collection of Alternative Dispute Resolution (ADR) articles, part of the Litigation and Disputes section of the Corporate Counsel Center. "ADR" refers to any means of settling disputes outside of the courtroom and is usually less formal, less expensive, and less time-consuming than a trial. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Alternative Dispute Resolution (ADR)
Litigation and Disputes
Alternative Dispute Resolution (ADR) Articles
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Improving Negotiation Skills: Rules for Master Negotiators
"A negotiation is an interactive communication process that may take place whenever we want something from someone else or another person wants something from us."1 "Take it or leave it!" "This proposal is non-negotiable." "Don't ask me to go back ...
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Alternative Dispute Resolution Q & A
QUESTION NO. 1 My husband and I are having a boundary line dispute with our neighbors. Our neighbor's attorney has suggested that we go to a mediator. Will the mediator make a decision in this case after listening to all parties?No, a mediator does ...
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Arbitration Award Vacated
The trend to alternative dispute resolution (ADR) procedures has gained national support and recognition. Many courts, at both state and federal levels, require mandatory mediation or some form of settlement conference before a case proceeds to ...
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Alternative Dispute Resolution: Which Method Is Best For Your Client
This article explores three alternative methods of dispute resolution: mediation, arbitration and litigation as applied in the area of franchise law. The long-term and highly interdependent relationship between franchisors and franchisees is prone ...
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Mediation from a Plaintiff's Perspective
A very few years ago mediation never even came into our vernacular. For the majority of most of our professional careers, there were mandatory settlement conferences scheduled by the courts and that was the time that settlement was discussed, not ...
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Waffling Circuits: Workplace ADR After Circuit City and Waffle House
From a legal standpoint, alternate dispute resolution ("ADR") agreements in the workplace have exhilarated HR and employment law. During the last decade, more and more employers have added ADR to their workplace lexicons. Employers of all sizes and ...
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Why the Hawaii State Bar Supports ADR
Recent reports show some businesses are reporting major cost savings from using ADR (Alternative Dispute Resolution): ADR may not be a good option for some types of disputes because: Some of these concerns can be addressed by writing specifically ...
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Worldly Preparation: Alternative Dispute Resolution in a Global Setting
The negotiation of any international contract should include a thorough discussion of dispute resolution procedures. Yet, because of either superstition or etiquette, corporate lawyers often consider dispute resolution too little, too late. As a ...
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The Five Limits of Litigation
In the life of most businesses, the owner will either sue or be sued at some time. Hopefully, these instances will be few, but they seem increasingly inevitable.Just as it is important for a business owner to understand what is possible with ...
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Texas Litigation: Stages of a Lawsuit
When most people think of the American legal system, they probably think of a courtroom where lawyers argue their cases to the jury under the auspices of a judge. The media and entertainment industry has bombarded the viewing public with dramatic ...