Alternative Dispute Resolution - Alternative Dispute Resolution (ADR) typically refers to processes and techniques of resolving disputes that fall outside of the judicial process (formal litigation – court). Some courts now require some parties to utilize ADR of some type, usually mediation, before permitting the parties' cases to be tried. ADR is generally classified into at least four subtypes: negotiation, mediation, collaborative law, and arbitration. Sometimes a fifth type, conciliation, is included as well.
One common element in most of the ADR procedures (with the exception of negotiation) is the presence of a person who acts either as the facilitator or decision maker. This facilitator is usually a neutral person who is capable of providing an unbiased opinion. Although, in collaborative law or collaborative divorce, each party has an attorney who facilitates the resolution process within specifically contracted terms.
ADR is useful in a wide range of conflicts, such as commercial disputes, professional liability cases, personal injury matters, insurance problems and family and divorce matters.
sursa: www.hg.org
