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
-
Another Look at Remedies in Arbitration
It is widely recognized that arbitrators have broad authority to order any type of relief, even if the relief could not be awarded by a court.1 This flexibility can be understood to result, in part, from expansive arbitration clauses that often ...
Read More » -
Pre-Hearing Discovery in Arbitration: Is It Illusory?
In the past few years, more litigation has moved away from the courtroom and into the arbitration process. While initially viewed as a way to quickly resolve simple disputes with relatively few facts at issue, today arbitration is increasingly ...
Read More » -
Pre-Dispute Arbitration of Discrimination Claims
Last September, the Second Circuit held for the first time that a pre-dispute individual agreement to resolve in arbitration statutory employment discrimination claims did not violate Title VII of the Civil Rights Act of 1964.1 The ruling in ...
Read More » -
North Dakota Supreme Court Refuses To Allow Contracting Parties To Fashion Special Reviewing Standard For Private Arbitration Awards: John T. Jones Construction Co. v. City Of Grand Forks
John T. Jones Construction Co. was the general contractor on an expansion project relating to the City of Grand Forks' wastewater treatment plant. Jones Co. claimed to have encountered differing site conditions, causing it to deliver the project ...
Read More » -
Common Sense Tips For Avoiding Litigation
This article may appear logically inconsistent: A trial lawyer, who is employed by a law firm that also specializes in litigation, is writing an article advising potential clients on how to avoid litigation. However, the inconsistency is one of ...
Read More » -
No-Fault Arbitrator Reform!
What most of us do not know is that there is currently a procedure in place for the annual review of the performance of the Arbitrators, as well as to report and recommend upon new applicants for Arbitrator positions. It is this procedure that we ...
Read More » -
Alternative Dispute Resolution (ADR) May Be An Effective Way Of Avoiding Costly And Prolonged Litigation
ADR consists of various methods of resolving legal disputes without resorting to conventional lawsuits. Most forms of ADR are quicker, more efficient, and more economical than traditional litigation in court. Under the Minnesota Rules of Court ...
Read More » -
Alternative Dispute Resolution Basics for Those in Business
In an attempt to control litigation costs, many companies are looking to employ alternative dispute resolution mechanisms – commonly referred to as ADR -- to avoid the courthouse. Two of the most commonly used ADR mechanisms are mediation and ...
Read More » -
Alternative Dispute Resolution in North Carolina
Until recent years, clients' only legal recourse in resolving a controversy was either to attempt to settle the matter outside of a courtroom on their own or to file a lawsuit and let a judge settle dispute in a formal judicial hearing. However, in ...
Read More » -
Alternative Dispute Resolution Mandated by Minnesota Court
Effective July 1, 1994, new amendments adopted by the Minnesota Supreme Court to the General Rules of Practice mandate early consideration, in nearly all civil cases, of alternative dispute resolution (ADR). ADR can encompass mediation, arbitration ...
Read More »