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

To Compel Arbitration, The Dispute Must Not Only Arise Out of But Also Relate to The Parties’ Agreement

The Ninth Circuit has issued a recent reminder of the care which must be taken in drafting arbitration clauses in technology (and other) agreements. The parties had made the agreement that in the event any controversy or claim arising out of this ...
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The Art of War, Litigation and Mediation

Twenty-five centuries ago, during the reign of Ho Lu, the King of Wu, an extraordinary philosopher and general named Sun Tzu wrote of tactics, terrain, and maneuvering in The Art of War. Observing the precepts of this great work, and under the ...
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Ten Mediation Do’s And Don’ts

Now that mediation is a permanent part of the litigation landscape, trial lawyers must learn to deal effectively not only with the process of mediation, but with the mediator himself. The following is a list of ten do's and don'ts that should make ...
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What Is Mediation And How Does It Work?

Mediation is a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement. It may be an informal meeting among the parties or a scheduled settlement ...
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NASD Arbitration: An Insider’s Perspective

Much has been written about the arbitration process since the U.S. Supreme Court upheld the validity of pre-dispute arbitration agreements in the mid-1980s. While most of the commentaries have focused on what is wrong with the process, little has ...
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Negotiating the Lower Levels of Dante’s Inferno: The Litigation Process

IntroductionOne of the least understood aspects of the litigation process the litigation process. On the one hand, clients who ask that suit be filed against a defendant, believe that the case is inexorably and irrevocably going to end up at a ...
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NASD Arbitration of Securities Disputes

The elderly client you represented in a personal injury matter walks into your office in despair. Her settlement money, the only significant asset she has, was invested in a "can't lose" portfolio of technology stocks in the late 1990s. Because she ...
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UK – US Construction Comparison

"CONSTRUCTING THE TEAM": A U.S. PERSPECTIVE There are interesting parallels as well as interesting differences between the problems identified and solutions recommended in Sir Michael Latham's Report, Constructing the Team, and the state of the ...
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Reading The Fine Print: Unhappy Consumers Not Necessarily Bound To Arbitration

It is common today for consumer goods and services purchase and financing agreements, and credit card agreements, to include a provision requiring disputes to be submitted to arbitration. These provisions identify the arbitration forum in which the ...
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Removing Arbitrators in NASD Arbitrations

It's happened to all of us. You're two days into a hotly contested arbitration hearing. You've battled your way past frivolous last minute motions, moved to bar the testimony of witnesses that weren't listed on opposing counsel's witness list and ...
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