Alternative Dispute Resolution (ADR)

Alternative dispute resolution is the legal process through which two or more parties embroiled in a legal tug of war decide to settle their differences outside court, thereby eliminating any form of lawsuits or legal action. You can get more information about ADR alternative dispute resolution via

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ADR commonly involves the use of mediation and arbitration. Although arbitration and mediation are certainly both in the ADR family, they are fundamentally very different. It behooves you to understand which is which in order to decide whether to hire a mediator or an arbitrator.

Arbitration- Although using an arbitrator is indeed an alternative to going to court, the process and the results are very similar to a court. With an arbitrator, both parties present their cases and argue their points if needed, and then the arbitrator makes the decision as to the winner. Like to compare arbitration to a boxing match where at the end of the competition the ref declares one of the fighters the winner. The arbitrator is like the ref for the purposes of the parable.

Mediation- The process of mediation is almost diametrically opposed to the trial court and arbitration philosophy. The point is that people who hire a mediator do so with the expectation that they will work out their disagreement cooperatively. 

At the end of a successful mediation process, both sides voluntarily decide on a solution and then they voluntarily sign an agreement.


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