Alternative dispute resolution refers to methods of resolving disputes outside trial, principally mediation, arbitration, and neutral evaluation.

Arbitration is a private dispute resolution process in which a neutral arbitrator hears evidence and issues an award, usually binding with very limited...

An arbitration clause is a contract provision requiring disputes to be resolved through arbitration rather than in court.

Binding arbitration submits a dispute to an arbitrator whose award is final and enforceable with very limited review.

A caucus is a private session between the mediator and one party, held separately from the other side.

A class action waiver in an arbitration agreement requires disputes to proceed individually rather than on a class basis.

Early neutral evaluation gives parties a candid assessment of their case from an experienced neutral early in litigation.

Impasse is the point at which mediation participants cannot bridge their remaining difference.

A judicial settlement conference is a settlement negotiation conducted by a judge or magistrate rather than a private neutral.

Mass arbitration is the coordinated filing of thousands of individual arbitration demands against one company, weaponizing the arbitration clause the...

Mediation is a confidential process in which a neutral third party helps disputing parties negotiate a voluntary settlement without deciding the case.

Mediation confidentiality protects communications made during mediation from later disclosure or use.

Mediation privilege is the evidentiary protection barring use of mediation communications in later proceedings.

A mediator is a neutral third party who facilitates settlement negotiation without deciding the dispute.

A mediator's proposal is a settlement figure the mediator proposes, accepted or rejected confidentially by each side.

A motion to compel arbitration asks a court to enforce an arbitration agreement by requiring the parties to arbitrate rather than litigate.

Non-binding arbitration produces an advisory award that either party may reject, proceeding to trial instead.

A summary jury trial presents an abbreviated case to an advisory jury whose non-binding verdict informs settlement.

Vacatur of an arbitration award is judicial nullification, available only on narrow statutory grounds.