Alternative Dispute Resolution (ADR) is a term used to describe problem-solving processes that fall outside of the traditional government judicial course and are typically far superior to using adjudicative methods for ...

ADR promotes creative solutions to disputes that are unavailable in traditional dispute resolution forums. ADR emphasizes communication between the parties. By focusing on the parties’ real interests, rather than on their ...

ADR processes yield the best results for parties because they are rooted in three basic elements: (1) interest-based problem solving; (2) neutrality & impartiality; and (3) voluntary participation.  ...

• Voluntary : The parties choose to use ADR; • Flexible : The dispute process is handled and resolved through an ADR agreement in which the parties choose the ADR method, ...

A basic tenet of ADR requires that participants be assured of confidentiality for ADR to be effective. ADR necessitates confidentiality because participants will often need to disclose facts, proprietary information, trade ...

In 1990, Congress passed the Administrative Dispute Resolution Act, which was permanently reauthorized in 1996. This law requires all Federal Agencies to promote and foster greater use of ADR in all ...

Mediation is a structured settlement negotiation facilitated by a neutral third-party, the mediator, to achieve a resolution that satisfies all parties. The mediator facilitates constructive communication between parties and provides a ...

The mediator is a process expert, not a decision-maker. The mediator assists the parties in a private setting with their negotiations by facilitating communication and by helping them identify and overcome ...

The support of confidentiality in mediation is critical to the protection of the entire mediation process. In order for the mediator, the attorneys and the clients to understand the central issues, ...

The California Evidence Code provides significant confidentiality protection in mediation, regarding what is said and what is written. Under California Evidence Code section 1123, a written settlement agreement can be admissible ...

Although it is not necessary to have an attorney or other representative to participate in mediation, either party may invite a representative to accompany or advise them. They can play an ...

Yes, either the mediation will close with a signed agreement, or the attorneys for the parties will commit to ending the lawsuit with a formal settlement and release agreement.

You are free to return to the conflict if you choose to do so. The mediation process you have gone through remains confidential, and your mediator cannot be called to testify ...

Collaborative law is a dispute resolution process in which both parties to the dispute retain separate, specially-trained lawyers whose only job is to help them settle the dispute. In collaborative law, ...

Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where: • A definitive or authoritative resolution ...

Trying mediation typically does not prevent you from pursuing other adjudicative processes or complaint avenues in the event that an agreement is not reached. 

Your role in mediation is to negotiate with the other party in good faith. To improve the chances of success, consider the following: • Look at the other party ...

To help prepare for mediation, it is useful to consider the following: • What are your interests? What is it that you really want or need? • What do ...

The mediator functions as a neutral impartial person who is skilled in a wide variety of processes that might enhance resolution. The mediator will: • Listen to complaints ...

The third-party neutral keeps the parties focused and constructive in their discussions. Unlike a judge or jury, the third-party neutral does not have decision-making authority nor the power to impose a ...

Please contact us at Agency for Dispute Resolution with any questions you might have. Send an inquiry now—