Meaning :

The concept of Alternative Dispute Resolution (ADR) denotes the process in which disputes are addressed and settled outside of the courtroom. In a more detailed language, ADR refers to the ways in which disputes are resolved without litigation. These ways may involve negotiation, arbitration, or mediation.

Types:

The most common types of ADR for civil cases are mediation, settlement conferences, neutral evaluation, and arbitration. Read more about these ADR processes, when they may or may not be appropriate or watch a video demonstration

Mediation: This kind of ADR makes use of an unbiased third party known as a mediator. The mediator does not have the right to decide any outcome of a dispute or compel the disputing entities to agree upon the same. The mediator working with the disputing entities tries to reach a mutual solution, which is usually non-binding. The mediation can be mandated by the courts if necessary, but the entire procedure remains voluntary, offering the disputing entities the chance to deny the agreement. Mediation is totally confidential and the entities can control the process. The disputing entities can even go for litigation after mediation if they do not agree to the agreement.

Arbitration: This kind of ADR is somewhat like a non-formal trial and makes use of an unbiased third party. A decision is issued by the chosen third party after it hears each side. According to what the disputing entities have agreed upon, this decision is non-binding or binding. If binding, this decision is considered to be final and can be legally enforced. Irrespective of the arbiter is a practicing facilitator, the process of arbitration is not considered formal since many evidence rules do not apply here.

Negotiation: This kind of ADR does not involve any unbiased third party for assisting the disputing entities to come to a negotiation. The entities work together and reach a compromise. During negotiations, the disputing entities can get their lawyers to represent them.

It is highly recommended to the disputing parties to always try the ADR process before going for formal litigation. ADR is both times as well as cost-effective and hiring one of the most reputed dispute resolution law firms can prove to be a fruitful investment. These firms can help you in deciding which kind of ADR process is suitable for your dispute.