Alternative dispute resolution covers processes that resolve disputes without a trial verdict. The main forms are mediation, in which a neutral facilitates settlement without deciding anything, and arbitration, in which a neutral hears evidence and renders a binding or non-binding award.
Other forms include early neutral evaluation, summary jury trials, and judicial settlement conferences.
Alternative Names:
ADR, Out-of-Court Resolution
Why it Matters?
ADR is where most complex disputes actually end, so understanding the mechanics is not optional practice knowledge. The choice between processes has real consequences: mediation preserves party control and confidentiality, while arbitration transfers decision-making to a neutral and sharply limits appellate review. Many courts now require some form of ADR before a case will be set for trial.
Frequently Confused with
Related terms
Frequently asked questions
What is the difference between mediation and arbitration?
Is ADR mandatory?
