What is alternative dispute resolution?
Alternative Dispute Resolution (ADR) is a term used to describe problem-solving processes that can be far superior to using adjudicative methods for resolving conflicts. ADR promotes creative solutions to disputes that are unavailable in traditional dispute resolution forums. ADR emphasizes communication between the parties. By focusing on the parties’ real interests, rather than on their positions or demands, ADR enables the parties to work together to solve the real concerns underlying the conflict.
Alternative Dispute Resolution (ADR) programs allow the parties in a dispute to fashion a tailored process for resolving their respective claims in lieu of federal or state court litigation. ADR is voluntary and decisions are enforceable as a matter of contract law. The flexibility of ADR allows the parties choices concerning legal representation, decision makers, costs and procedures. ADR provides a framework in which the parties can represent themselves and serve as their own advocates. Parties may choose representation by non-lawyers. ADR also supports representation by Counsel. ADR allows the parties to select their decision makers. Selection of qualified mediators and arbitrators is particularly important in technology disputes where an understanding of the technology is critical to framing an effective resolution. ADR allows lawyers and non-lawyers alike to serve as mediators and arbitrators. ADR can be considerably more cost effective than litigation. Where the parties agree to
Alternative dispute resolution is the method by which legal conflicts and disputes are resolved privately rather than through litigation. These disputes are usually resolved through either mediation or arbitration. It typically involves a process less formal than traditional court proceedings and includes the appointment of a third party to preside over a hearing between the parties.
