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Home » Self-Help » Getting Started » Resolving Your Dispute Out Of Court » Alternative Dispute Resolution

Alternative Dispute Resolution

Learn about "Alternative Dispute Resolution" and how it might save you time, money, and frustration by helping you resolve your dispute without going to court.

 

What Is ADR?

Sometimes the quickest, easiest, and most cost-effective way to resolve a legal dispute is NOT to go to court.  Suing someone can potentially be a slow, costly, and ultimately unsatisfying experience.  Remember, whenever you go to court and submit your problems to a judge or a jury, there is always the chance you will lose.  Not only might you fail to get what you want in the case, you could actually end up owing the other side money!

The term "alternative dispute resolution" (or "ADR") refers to a number of processes and techniques – some of which are described below – that are used to help people resolve disputes outside the court system (or sometimes in conjunction with a court case).

To learn about ADR resources that might be available to help you resolve your dispute, click to visit our ADR Resources page.

 

Types Of ADR

The two most common types of ADR are "arbitration" and "mediation."

  • Arbitration.  In arbitration, a third party (typically called the "arbitrator") acts as a private judge and makes a decision about the parties' dispute.  The arbitrator might be an attorney, an expert in a particular field (like construction or engineering), or maybe even a retired judge.  Sometimes, when a dispute arises, the parties decide to submit their disagreement to arbitration simply because it can be faster, simpler, and less costly than going to court.  Sometimes the parties are obligated to use arbitration because they signed a contract that contains an "arbitration clause" that requires arbitration of any dispute relating to the contract.  Sometimes, the parties have already sued in court, but the court has an arbitration program that is mandatory for their type of case.  (For example, in the Eighth Judicial District Court, any case in which the ultimate award is likely less than $50,000 is automatically placed into an arbitration program.)
  • Mediation.  In mediation, a third party (called the "mediator") facilitates and guides the resolution process to help the parties reach a negotiated outcome, but does not make a decision in the parties' dispute.  The mediator is frequently a trained professional educated in different mediation techniques and procedures, but could also be a lawyer, retired judge, or an expert in a particular field.  Parties might agree to mediate a dispute because it is faster and less expensive than suing in court.  They also might agree to mediation because they like the idea of deciding how the dispute will be resolved, if at all (as opposed to having an arbitrator or judge make a decision for them).

Beyond arbitration and mediation, there are many other forms of ADR, including various combinations of the following:

  • Settlement negotiation.  Negotiation is simply the process of one party contacting the other party to try and work out some resolution (or "settlement") of a dispute that both parties can live with.  Before a case is filed, or at any time during the course of a case, the parties are free to try and resolve their own dispute through negotiation.
  • Settlement conference.  Some courts allow the parties, at any point during a case, to request a settlement conference with a judge, who will try to help the parties negotiate a settlement.  The parties can also agree to have a third-party outside the court system conduct the settlement conference (either before or during a court case).
  • Early neutral evaluation.  In some courts, at the very start of a case, the parties must meet with a judge or other expert who can provide balanced and neutral feedback about the case, pointing out the strengths and weaknesses of the parties' positions, evaluating their likelihood of success, and possibly assisting them in reaching some kind of settlement.

To learn more about ADR, you can visit your local law library (click to visit our Law Libraries page) or one of the following websites:

Cornell University Law School, Alternative Dispute Resolution
Suffolk University Law School, Alternative Dispute Resolution Research Guide