What Is Alternative Dispute Resolution (ADR)?

Alternative dispute resolution (ADR) is a catch-all term for settling disputes without going to court. ADR may involve attorneys and judges or only the parties themselves. ADR has become common in business disputes and family law disagreements since it can be faster and more cost-effective than court proceedings.

All forms of ADR are collaborative rather than adversarial. That means the parties work together to reach a mutually beneficial resolution to their dispute, rather than arguing in court and having a judge decide which side is right. Both sides have an equal stake in the resolution process and outcome.

This article describes a few common types of ADR:

• Arbitration
• Mediation
• Collaborative law

Although ADR processes are less formal and more cooperative than traditional litigation, they can still raise complex issues that may benefit from an attorney’s help.

Arbitration

Arbitration resembles a trial. It doesn’t take place in a courtroom. The arbitrator is a neutral third party who may be a retired judge or attorney.

During arbitration, the parties present their cases to the arbitrator and explain why they should prevail. They suggest possible resolutions to the dispute that they would accept. The arbitrator may accept, reject, or offer an alternative.

At the end of the arbitration, the arbitrator issues a decision. The decision may be binding and have the weight of a court order, or non-binding, and the parties may be able to appeal it to a court.

Mediation

Mediation is less formal than arbitration. The mediation process involves both parties and a neutral mediator. During a mediation session, the parties discuss the basis of their dispute and find common grounds for a solution.

Mediation can be time-consuming because both parties must give up something to get something. Small claims cases often receive referrals for mediation because the disputes often involve more than just money.

Collaborative Law

Collaborative law is often seen in family law and divorce, but it is useful in any legal dispute. The important consideration is that all parties agree on the ground rules.

The parties and their attorneys handle the legal matter in collaborative law. Rather than going to court for hearings over every disagreement, the parties meet to discuss them and work out their differences. The attorneys agree that the parties must hire new counsel to go to court if the collaboration fails.

All parties must take part in this form of alternative dispute resolution. If anyone refuses to work with the others, it will fail.

ADR Doesn’t Work for All Legal Issues

Some legal subject matter is not suited for ADR. For example, medical malpractice cases require too much testimony for the parties to decide among themselves what is fair. Some personal injury claims are too complex for ADR methods.

Additionally, ADR may not provide the closure some parties want from the legal process. ADR requires both parties to give up something to get something back. Parties with deep-seated conflicts may need the finality of a judge’s decision.

Should I Have a Lawyer for ADR?

ADR gives the parties control over the resolution process. There are alternative dispute resolution lawyers, but they are not necessary for everyone or for every issue during the ADR process. Still, there are situations where it may be in your best interest to have your own legal representation.

It also depends on the type of ADR you’re using. 

Arbitration is a more formal type of ADR and has the most similar structure to a court case. It is also more adversarial in nature. Having an attorney on your side can help you present your case effectively and avoid mistakes that could affect the outcome. 

Keep in mind that an arbitrator’s decision is binding. If the stakes are high, it makes sense to enlist an attorney’s help. An attorney can help explain legal terms during negotiations or write an order during binding arbitration.

Since mediation is less formal and doesn’t involve a judge, it’s uncommon to use an attorney for this process. The rules of mediation are easier to understand and generally don’t require professional legal help to navigate. Some mediators discourage parties from bringing attorneys during the mediation process.

While more cooperative than a traditional courtroom divorce, collaborative divorces still require both spouses to have their own legal representation.

How To Find an Alternative Dispute Resolution Attorney

An ADR lawyer can help you explore alternatives to litigation for your legal issue. Not all jurisdictions use ADR, so it’s important to discuss methods of ADR with your attorney before selecting the process that’s right for you.

FindLaw’s directory of ADR attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Your search results will also show ratings and contact information.