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Alternative Dispute Resolution (ADR) is basically any procedure for settling disputes by means other than litigation. Arbitration and Mediation are two types of ADR although not the only two.The end-game of mediation, arbitration and most litigation is the same, that is, to arrive at a resolution to a dispute.
The term alternative dispute resolution (ADR) means any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation.ADR provides a forum for creative solutions to disputes that better meet the needs of the parties.
Is ADR compulsory? There is no general rule in law that says that ADR must be used to resolve a dispute. However, there are cases where ADR is compulsory on at least one of the parties (in consumer disputes this is the trader). Even where ADR is voluntary, there are often strong incentives to use it.
A promise of confidentiality allows parties to speak openly without fear that statements made during an ADR process will be used against them later. Confidentiality can reduce posturing and destructive dialogue among parties during the settlement process.
Is ADR compulsory? There is no general rule in law that says that ADR must be used to resolve a dispute. However, there are cases where ADR is compulsory on at least one of the parties (in consumer disputes this is the trader). Even where ADR is voluntary, there are often strong incentives to use it.
There is no guaranteed resolution. With the exception of arbitration, alternative dispute resolution processes do not always lead to a resolution. Arbitration decisions are final. Limits on Arbitration Awards. Discovery limitations. Fee for the Neutral. May have no choice. Non-binding arbitration. Warning.
As stated above, in California state proceedings, mediation confidentiality is enforced through evidentiary rules of exclusion."All communications, negotiations, or settlement offers by and between participants in the course of a mediation or mediation consultation must remain confidential." Evid.
And because ADR proceedings are entirely confidential, they will not be suitable where one party wants to give out a message, not just to the other party, but to all other comers: for example, where the holder of intellectual property rights wants to make it plain that they will be defended, and that anyone who
The panel or a single arbitrator then deliberates and issues a written binding decision or arbitral award. Opinions are not public record. Arbitration has long been used in labor, construction, and securities regulation, but is now gaining popularity in other business disputes.