FOR LAWYERS

Alternative Dispute Resolution

By
Josef Rappaport
/
October 17, 2022

What is Alternative Dispute Resolution (ADR)?

Alternative Dispute Resolution (ADR), backed by the United States ADR Act of 1998, is a remedial way of settling disputes among individuals and communities without approaching a court. ADR has grown over the years primarily as an alternative to the court system.

ADR was instituted in the United States to help aggrieved parties reach an amicable settlement without needing a formal court proceeding. 

Alternative Dispute Resolution has also been adopted as a peer mediation mechanism by US schools primarily for children to resolve conflicts that ensue amongst their peers. ADR is also used in a divorce process called “divorce mediation.” This option is adopted when couples want to end their marriage on a friendly note.

Other areas of ADR application are formal and informal organizations like local communities and trade associations. Stakeholders are pulled together representing different interest groups within a larger organization to proffer solutions to resolving disputes between disagreeing parties.

Key Takeaways

  • Alternative dispute resolution provides a platform for resolving conflicts amongst aggrieved parties without necessarily approaching a court.
  • Arbitration, mediation, and neutral evaluation are major procedures deployed in ADR to resolve conflicts.
  • Issues usually addressed through the ADR are family disputes, the divorce process, landlord and tenant disagreements, and industrial and commercial disputes. Reconciliatory methods amongst aggrieved parties depend on the willingness of both parties to use ADR.
  • Opting for ADR against a court process is sometimes cheaper and faster. Still, its success largely depends on the cooperation of all parties involved in the dispute.

Types of alternative dispute resolution procedures

Mediation: Mediation is when a neutral person called a "mediator" helps the parties reach a resolution acceptable to both. It's primarily applicable where both parties are willing to cooperate to preserve their relationship.

Arbitration: In arbitration, a third party, neutrally known as the "arbitrator", examines arguments and evidence from both sides before deciding regarding the resolution of the conflict. The rules governing admissible evidence in arbitration are typically less stringent than in a trial setting.

Neutral evaluation: In a Neutral evaluation, both sides of the case present it to an "evaluator," usually an expert in the field. Each side's evidence and arguments are assessed, and advice is given based on the evaluator's findings on what could be done to solve the problem.

Benefits of alternative dispute resolution

One of the essential benefits of ADR is that it saves money on court cases. It is believed that the non-adversarial method of dispute resolution is more community-oriented and cheaper. It has given rise to its adoption over the years.

An arbitrator with experience in the relevant field may occasionally preside over an ADR process (thus relieving the cost of retaining expert evidence).

Second, ADR enables individuals or businesses to maintain their privacy. Contrarily, courts maintain copies of transcripts and decisions disseminated and added to the permanent public record.

ADR frequently saves time since it avoids dealing with the backlog of court cases and the associated delays. 

Drawbacks of alternative dispute resolution

Some of the biggest problems with ADR are that you can't keep track of what happened before, the hearings can be changed at any time, there's no public oversight, and you can't get all the facts.

Bottom line

Alternative dispute resolution (ADR) is gaining popularity as a viable substitute to the traditional court system because of its perceived informality, lower cost, and quicker resolution time. Alternative dispute resolution (ADR) can also allow parties more control over the timing and nature of the resolution to their disagreement. However, its success mainly depends on the aggrieved parties' willingness to settle for ADR. Explore the various alternative dispute resolution options presented by the trial courts.

Featured Business Law Lawyers

The Saenz Law Firm, P.A.

16 years in practice
Business Contracts, Employment Law
View Profile

Mainstay Law, LLC

11 years in practice
Business Law, Immigration Law
View Profile

Cervantes & Cervantes, PLC

10 years in practice
Business Law, Immigration Law
View Profile

The Saenz Law Firm, P.A.

16 years in practice
Business Contracts, Employment Law
View Profile

Law Office of Jullian H. Jones, P.L.L.C.

3 years in practice
Criminal Defense
View Profile

Mainstay Law, LLC

11 years in practice
Business Law, Immigration Law
View Profile

Related Posts

Non-Disclosure Agreement (NDA)
Lia Kopin-GreenSeptember 15, 2022
Debenture
Lia Kopin-GreenDecember 7, 2022
Derivative Action
Lia Kopin-GreenDecember 11, 2022
Good Faith
Lia Kopin-GreenDecember 18, 2022
Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram