Alternative Dispute Resolution, also known as ADR, refers to several structured processes used to address disputes outside of the traditional courtroom setting. These processes are widely used in civil, commercial, community, and family-related matters. ADR offers different formats for parties to present information, clarify issues, and work with a neutral third party.
Today, we’ll cover the common question in detail: “What is Alternative Dispute Resolution?”
The most commonly known ADR processes include mediation, arbitration, and private judging. Each of these has its own structure and purpose within the broader system of dispute resolution. In this blog, we’ll cover these types and the main differences between them.
Mediation as an ADR Process
Mediation is a facilitated discussion led by a mediation professional. The mediator helps the parties communicate, share information, and explore potential options for resolving their disagreement. The mediator does not make decisions or determine outcomes.
The structure of mediation can vary. Some instances include joint discussions, while others involve private meetings with each side. The length and format depend on the needs of the case and the approach selected for the session.
Arbitration as an ADR Process
Arbitration involves an appointed arbiter who reviews what is presented by the parties. This may include documents, witness statements, or testimony. After the process concludes, the arbiter issues a determination called an award.
The procedures for arbitration can differ depending on the agreement between the parties or the rules governing the arbitration. Arbitration is typically binding; however, in some cases, a nonbinding process is used to help the parties better understand their positions. This is not common in divorce matters, where the goal is usually to reach a clear, enforceable outcome.
Private Judging Within ADR
Private judging is a process in which an impartial retired judge conducts proceedings similar to those in a courtroom, but in a private setting.
A private judge may hear motions, review evidence, and make findings based on the matter discussed. The scope of authority and the format used are defined by the agreements and rules applicable to the process.
Purpose and Use of ADR Processes
ADR exists as an alternative category of dispute resolution procedures. These processes allow parties to work with a neutral third party and share their side within structured frameworks that differ from traditional litigation.
ADR is used in many sectors, including business, employment, construction, real estate, and family matters. The format, length, and level of formality vary depending on the type of ADR used and the circumstances of the case.
Role of Neutrals in ADR
Neutrals are responsible for guiding or overseeing the process based on the structure of the ADR format being used.
- In mediation, the neutral facilitates communication.
- In arbitration, the neutral reviews information and issue an award.
- In private judging, the neutral conducts proceedings as a judicial officer would.
These professionals maintain impartiality and do not represent either party.
ADR as Part of the Broader Dispute Resolution Landscape
ADR functions as one category within the full range of dispute resolution processes available. It does not replace litigation but exists alongside it as an established set of options recognized across many legal and professional fields.
This blog is for general informational purposes only and is not legal advice.*
