Alternative Dispute Resolution: Types, Roles, and Real Cases

Introduction to Alternative Dispute Resolution

Alternative dispute resolution (ADR) can take a variety of forms, including arbitration, mediation, case conferencing, neutral evaluation, parenting coordination, summary jury trials, and collaborative family law. Such procedures typically require less formality and occur in a more confidential setting. In this way, participants can bypass the courtroom, save money, and move more rapidly toward a settlement without resorting to litigation.

Types of ADR Processes

Arbitration is an ADR process in which a neutral third party — the arbitrator — hears arguments from two disagreeing parties. Both sides may present their arguments and evidence before the arbitrator, who then determines the outcome. The process is far more informal than a trial: there is no jury, and the rules for presenting evidence are less strict than those governing litigation. There are two types of arbitration. In non-binding arbitration, either party may pursue litigation if it does not agree with the arbitrator's decision. In binding arbitration, both parties agree in advance that neither will sue following the outcome; in other words, both surrender any right to appeal the arbitrator's decision.

Case conferencing is a process in which the two disagreeing parties meet with a judge or the judge's representative in order to narrow the issues within the disagreement. By focusing the case more tightly on a single issue, the proceedings that follow can be more efficient. In some instances, case conferencing leads to a total resolution of the disagreement and no trial is necessary. In others, some attendant issues are resolved and the trial proceeds, but with a less cumbersome scope.

Mediation is a process in which a mediator acts as a neutral party, working with the two disagreeing sides toward a solution all can accept. Unlike an arbitrator, who listens and decides the case, a mediator makes no decision. The mediator's role is strictly that of a facilitator, helping the two parties come together and attempt to resolve their differences. Mediators are frequently used in family or community disputes and in business disagreements. Mediation can often prevent the parties from needing to go to trial. However, mediation is not always appropriate: when one side holds substantial power over the other, it may not allow the weaker party to adequately assert his or her claims.

Collaborative family law is an ADR process designed to alleviate the stress associated with divorce. It allows a couple to conclude the divorce process without entering a courtroom, providing both parties with proper guidance and legal protection to ensure their needs are met. Should one or both parties choose to have the suit carried out in court instead, the legal team used in the collaborative process must be replaced entirely. This structure gives all participants a strong incentive to continue toward a negotiated settlement. In cases where domestic abuse is a concern, this ADR may not be the best course of action, since collaboration and mutual goodwill are essential to the process.

Neutral evaluation occurs when a neutral expert listens to both sides in a hearing involving a considerably condensed argument. Based on his or her expertise in the subject matter of the dispute, the evaluator tells the two parties what the most likely courtroom outcome would be, with the goal of guiding them toward an agreeable compromise. The evaluator can also assist the parties in arranging a settlement if they choose.

Summary jury trials act as a preview or run-through in which a jury hears abbreviated arguments from the two disagreeing parties and provides a non-binding decision — though both parties may agree in advance to treat the decision as binding. A summary jury trial gives the parties a realistic sense of how a jury would decide the matter if it were brought to a full trial.

Parenting coordination is a process designed to facilitate conflict resolution between parents. With the court's permission, the two parties may use a parenting coordinator to develop a parenting plan that supports healthy ongoing relationships between parents and children.

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