Alternative Dispute Resolution

Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that fall outside of the government judicial process. Despite historic resistance to ADR by both parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.

"Alternative" dispute resolution is usually considered to be an alternative to litigation.

Arbitration and mediation are time-tested, cost-effective alternatives to litigation. Arbitration is the submission of a dispute to one or more impartial persons for a final and binding decision, known as an "award". Awards are made in writing and are generally final and binding on the parties in the case. Mediation, on the other hand, is a process in which an impartial third party facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute. This process can be effective for resolving disputes prior to arbitration or litigation.