Alternative Dispute Resolution (or ADR) refers to a variety of ways in which parties can deal with disputes, including going to court. "ADR" is a broad umbrella term that encompasses several different avenues toward resolution, depending on the type of situation. Essentially, there are three commonly used methods of resolving disputes, other than going to court: negotiation, mediation, and arbitration. .
Negotiation:.
When parties disagree, often they can work through the issue together and come to a mutually agreeable solution. The negotiations happen between the involved parties, and they work out an agreement that best meets the needs and interests of both parties. .
This is the most common form of ADR; we do it in our everyday lives. When your partner wants to see movie ABC or eat at restaurant XYZ and you want something else, you negotiate an arrangement that, to some mutually acceptable degree, suits you both. This is negotiation on a small scale. For larger issues, sometimes it is necessary to hire someone, such as a lawyer or counselor, to negotiate on your behalf, especially if there are complex issues to be worked out.
Mediation:.
Mediation is usually used to settle disputes or lawsuits without having to go to court. In this scenario, a mediator (a neutral third party) helps the disputing parties to find a solution that works for all of them. Often, this mediator is a lawyer who is trained in mediation. The lawyer can help the two disputing sides in a legal matter to come to a solution. .
Unlike judges, mediators cannot make judgments in cases or impose settlements. Their role is simply to help the involved parties communicate and negotiate with each other in order to reach a resolution. The purpose of mediation is to determine solutions that would not be possible as the result of a trial. The mediator does not make the decision for the parties; he helps the parties to reach a solution.
