About the ADR Processes

Alternative Dispute Resolution (ADR) consists of several different procedures which are designed to resolve a dispute efficiently, amicably, and without the complications which are often a part of formal litigation or court proceedings. The ADR process has been utilized successfully worldwide to assist parties involved in a dispute to arrive at an amicable and mutually-agreeable resolution through and with experienced professionals.

One form of ADR is Mediation. In mediation, a qualified professional Mediator with no predispositions concerning the dispute or any of the parties presides over an informal meeting where the parties present their respective positions, claims, and demands.  This begins with a general session where the parties and their representatives are present in the same room. If the dispute is particularly acrimonious, the general session may be held in different rooms with each party and their representatives presenting their positions privately to the Mediator. Following the general session, the Mediator will separate the parties into different rooms and conduct private meetings, also known as caucases, with each party and their representatives, which may include their attorneys. Continued negotiation occurs between the Mediator and all parties and their representatives until either an amicable resolution is reached or, if there is no agreement, an impasse is declared.

If a resolution is reached, all parties and their representatives sign a written agreement which is normally enforceable by Order of the Court if the Mediation occurs within litigation. If the agreement was reached outside of a litigation situation, it may be enforced through the filing of a legal action to enforce a private contract.

Another form of ADR is Arbitration, which is similar to a trial but without the presence of a jury and which is conducted by one or more qualified Arbitrators. Each party to the dispute presents their position, evidence, supporting law, and request for relief, following which the Arbitrator(s) renders a decision which is known as an Award. The Award may be final if the Arbitration procedure is “binding”. If the Arbitration is “non-binding”, the Award may be challenged by any party to the dispute after the issuance of the Award. Arbitrations may occur either within litigation or without a lawsuit having been filed. In certain instances, Arbitration may be compelled if the parties signed a contract or agreement which provides that any dispute is subject to Arbitration.

A third form of ADR is the Settlement Conference, which is similar to Mediation and may occur either before a lawsuit is filed or during the litigation process. Many courts have procedures which require the parties to engage in pre-trial settlement conferences. If the matter is in litigation, a settlement contract which may be made during the conference may be enforced by Order of the Court. If the dispute is not in litigation, any settlement agreement may be enforced as a private contract through the courts. No “Award” is made in a settlement conference.

In either Mediation or a Settlement Conference, the parties to the dispute may agree to settle some, but not all, of the matters the subject of the dispute. Those matters which are not resolved may be the subject of further litigation or a future Mediation or Settlement Conference on agreement of the parties or Order of the Court.