Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) refers to processes that are “alternatives” to going to trial to resolve civil disputes. Because ADR so often produces settlements, courts in many localities require people in some kinds of cases to go through one or another of the ADR processes before their cases can proceed towards trial.
Mediation is a descendant of dispute-resolution methods used by village or tribal elders in ancient times. In mediation, both sides discuss their dispute with a neutral person – usually a professionally-trained third person called a mediator. The mediator’s role is to help both sides understand the different points of view, explore possible solutions, and create agreements everyone can accept.
2. Court-Ordered (“judicial”) Arbitration (non-binding)
Arbitration is a kind of informal trial. In arbitration, both sides present oral testimony, documents and other tangible exhibits to a neutral third party, called an arbitrator, who is empowered to make a decision about the dispute (usually called an “award”).
3. Neutral Case Evaluation
Neutral case evaluation is a conference with an independent attorney, who listens to and reviews information each side of a dispute provides about the case. Usually the evaluator has some expertise in the subject matter of the lawsuit, and will give his or her opinion about what might happen if the case went to trial. Evaluators can also help parties develop a plan for managing the case.
4. Settlement Conferences
Settlement conferences are designed to encourage the resolution of cases before they go to trial. They may be provided by court rule, ordered by the court, or strongly suggested by a judge. There are “settlement mentors” – experienced lawyers who look for ways to settle the case. These conferences are informal and can be scheduled by the court before or on the morning of trial.
5. Temporary Judge Trials
A temporary judge is an independent attorney chosen by the two sides in a lawsuit to be a judge for just their case. Though not held in a courtroom, these trials are conducted just like any other superior court trial – except that there can be no jury, and the trial cannot last more than 5 days.