Should you have encountered the term ‘alternative dispute resolution’ and wonder what it means, this TIP will help you.
- ADR is a generic term that gathers together all dispute resolution processes that do not involve litgation.
- Individuals and businesses that prefer to resolve conflict without lawsuits may seek to ‘negotiate’. If they are uncomfortable doing so on their own they may engage the assistance of trained negotiators.
- Should negotiation not resolve the conflict, they may decide to engage a mediator. Mediators who are sometimes called facilitators or conciliators try to assist parties toward settlement by determining and maximizing the parties workable options.
- If mediation alone does not result in resolution, they can use a hybrid process called ‘med/arb’ which moves from mediation to arbitration.
- Should the parties prefer to have an arbitrator simply decide the conflict based on the law, they can do so. These options are the alternatives to going to court.