Alternative Dispute Resolution (ADR)

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.

Litigation and Disputes

Alternative Dispute Resolution (ADR) Articles

Mediation vs. Arbitration vs. Litigation: What’s The Difference?

Everyone in our society is familiar with litigation and its ramifications. One party hires an attorney and files a lawsuit requiring the other party to also hire an attorney and defend the lawsuit. Anyone who has ever been involved in litigation ...
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Michigan Court Of Appeals Rules That Employers May Contract With Employees To Arbitrate Statutory Civil Rights Claims

Diane L. Akers, a partner in our Detroit office, has achieved a significant ruling from the Michigan Court of Appeals favoring an employer's right to condition employment on the employee's agreeing to arbitrate all employment-related disputes ...
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Resolving Disputes

Our legal system is perceived to resolve disputes by trial, but many cases are resolved without filing suit or going to trial. Other processes are available which may meet the needs of parties. In deciding how much time, effort and expense to ...
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Rules for Mediation

1. Mediation is a process under which an impartial person, the Mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. The mediator may suggest ways of resolving the dispute. 2 ...
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The Basics of Confirming, Vacating, Modifying and Correcting an Arbitration Award Under the Federal Arbitration Act and the Texas Arbitration Act

This article is intended to provide the basics for confirmation of an arbitration award as well as the basics for vacating, modifying or correcting an arbitration award under the Federal Arbitration Act ("FAA") and the Texas Arbitration Act ...
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The California Supreme Court Leaves A Window Of Opportunity For Class Action Waiver Clauses In Employment Arbitration Agreements

California Supreme Court's decision in Discover Bank v. Superior Court leaves an opportunity for employers seeking to use and enforce class action and class arbitration waiver clauses in employment-related arbitration agreements. On June 27, 2005 ...
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Washington Supreme Court Orders Employer to Pay Union’s Attorney Fees in Washington Arbitration

The Washington Supreme Court ruled in a 5-4 decision that employers must pay for the union's attorney fees when an arbitrator awards union members back pay. Fire Fighters Local 46 v. City of Everett, __ Wn.2d __, __ P.3d __ No. 98-2-02814-7 (March ...
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What’s in a Personal Injury Claim?

If you decide to take legal action following an injury (also known as a tort action), you will probably have to make a claim in civil court against your own or another party's insurance company in order to get money and other compensation for your ...
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What You Should Know About Pursuing A Lawsuit

Civil litigation can be prolonged, expensive and complex. Each case is usually different. However, there are certain standard procedures that are generally followed in most cases. After the dispute evolves, the parties ought to try to resolve the ...
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Your Guide to Large Claims Process

Litigants are able to take advantage of the less formal, less time-consuming and less costly small claims procedure when the claim at issue is below the $5,000.00 limit. However, when the claim exceeds that amount, a somewhat different procedure ...
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