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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Resolving Consumer Disputes: Mediation and Arbitration
How frustrating! You buy a product and it breaks. You try to return it or have the company fix it, but don't succeed. You talk with the salesperson, speak with the manager, and write letters to the company, and ...
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Neutral Evaluation: An ADR Technique Whose Time Has Come
Mediation and arbitration get all the ink in the ADR press, but more and more "neutral evaluation" is becoming the ADR technique of choice. For certain types of cases, or at certain points in the life of a case, neutral evaluation can often be a better choice than mediation or arbitration.
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To Arbitrate or Not to Arbitrate: Clients should carefully consider agreement for binding arbitration
Clients often view arbitration as a method to resolve disputes that is preferable to litigation in the court system. This preference is frequently based on the belief that arbitration is more efficient and cost-effective than the courts. Moreover ...
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Sexual Harassment Claims Defense: What the Mediator Looks For
From Thanksgiving through this past Christmas, lawyers scrambled to settle (mostly through mediation) their clients' sex harassment employment claims to beat Congress's year-end legislation triggering psychological injury damage (without physical ...
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Alternative Dispute Resolution in Federal Courts
President Clinton has signed into law HR Bill 3528 which requires all federal district courts to authorize and promote the use of alternative dispute resolution. The Act, known as the Alternative Dispute Resolution Act of 1998, governs all civil ...
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Arbitration v. Litigation In Court: Which To Choose If You Have The Choice
When you have a choice of forums in which to litigate a dispute you can't otherwise resolve, which is cheaper, litigation or arbitration? Which is quicker? Which is more efficient? The only completely accurate answer to all three of these questions ...
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Handling EEOC Discrimination Charges
This article is the first in a two-part series and provides an overview of the Equal Employment Opportunity Commission (.EEOC.) administrative process. The second article will appear in our summer newsletter and explain how to prepare a response to ...
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Labor & Employment Update: April 1999
In this issue:A federal appeals court recently held that the Americans with Disabilities Act's ("ADA") hiring rules, which prohibit employers from asking whether a job applicant has a disability or questions concerning the nature or severity of an ...
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Zealous Advocacy, Mediation, And The Tangled Pursuit Of The "Win"
"Winning isn't everything, it's the ONLY thing!" "A winner never quits, and a quitter never wins." "Just win, baby." No matter how we put it, we are obsessed with "winning," both for our clients and for ourselves. Whether in court or the ...
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What is an Arbitrator's Duty of Disclosure?
An arbitrator undertakes an awesome responsibility. He or she will be judge, jury, clerk, stenographic reporter and appellate review tribunal compressed into a single individual. When an arbitrator decides a case it is assumed that the arbitrator ...