Alternative dispute resolution is a method for parties to try and resolve their differences and disputes in settings other than traditional judicial systems. Alternative dispute resolution methods include general settlement negotiations, non-binding and binding arbitration, mediation, conciliation, facilitation, mini-trials, summary jury trials, private judging, neutral evaluation, fact-finding, and other means.
ADR methods are used at the local, state, and federal levels, pre-suit, trial courts, appellate courts, and administrative agencies.
Mediation
This is a process in which a neutral third person, called a mediator, acts to encourage and to assist in the resolution of a dispute between two or more parties. This is an informal and non adversarial process. The objective is to help the disputing parties reach a mutually acceptable agreement between or among themselves on all or any part of the issues in dispute. Decision-making authority rests with the parties, not the mediator. The mediator assists the parties in identifying issues, fostering joint problem solving, exploring settlement alternatives, and in other ways consistent with these activities.
Arbitration
This is a process in which a neutral third person or a panel, called an arbitrator or an arbitration panel, considers the facts and arguments which are presented by the parties and renders a decision. The decision may be binding or nonbinding. The rules of the proceeding can be informal or formal. The rules and procedure can be from a prior written agreement, by agreement of the parties, or by court or board order.
Private Adjudication
This is a process in which the parties employ a private judge or adjudicator, for a pending lawsuit or claim. This can include hearings on motions and issues, applications and petitions, case management, trial, and post judgment hearings.
The process also includes Mini-Trials, Summary Jury Trials, and Adjudications pursuant to State and Federal law for Title IX and campus adjudications.