Alternative Dispute Resolution

What Is Alternative Dispute Resolution?

Alternative Dispute Resolution (ADR) involves settling a dispute without a full, formal trial; using methods other than litigation to resolve a legal dispute. There are various different forms of ADR.

The American Bar Association lists mediation, conciliation, arbitration, and settlement as major forms of ADR. 

• Mediation: “the act of a third person who interferes between two contending parties with a view to reconcile them or persuade them to adjust or settle their dispute.” (Black’s Law Dictionary 1133. 4th Ed. Rev. 1968)
• Conciliation: “the formality to which intending litigants are subjected to cases brought before them by the juge de paix (justice of the peace). The judge convenes the parties and endeavors to reconcile them. Should he not succeed, the case proceeds.” (Black’s Law Dictionary 361. 4th Ed. Rev. 1968)
• Arbitration: “the submission for determination of disputed matter to private unofficial persons selected in manner provided by law or agreement.” (Black’s Law Dictionary 134. 4th Ed. Rev. 1968) 
• Settlement: “an agreement by which parties having disputed matters between them reach or ascertain what is coming from one to the other.” (Black’s Law Dictionary 1538-1539. 4th Ed. Rev. 1968)

The many forms of Alternative Dispute Resolutions can allow for individuals to resolve disputes effectively. ADR is often less costly and time-consuming than proceeding with a complete trial. Some forms of ADR only concern civil cases, but ADR can also be utilized in criminal cases. The majority of all cases are settled prior to trial.