Chapter 9

Alternate Dispute Resolution
Alternative dispute resolution
Provides the parties with a substitute means to resolve disputes
Often facilitative but also can provide an early evaluation by a third party who makes non-binding recommendations generally not binding upon parties, is non-adjudicative
Adjudicative or similar to a judge's decision, binding decisions
The traditional method for resolving disputes, the initiation of a civil action or lawsuit in a public forum, a state or federal court
An informal and voluntary procedure in which the parties or their representatives try to work out a resolution of their differences without the help of a neutral third party or judge
A meeting the mediator calls without the counsel being present or without the parties being present
Settlement conferences
An increasingly mandated process by which a judge, magistrate, or other judicially appointed individual explores settlement possibilities in an effort to eliminate pending litigation
individuals appointed by the court to decide specific issues such as the supervision of discovery in a complicated litigation matter. Provide the rulings and submit their finding to the appointing judge thereby freeing the courts time to devote to actual litigation
Not a trial at all, but derives its name from reliance on court like procedures. It's a voluntary process used in complex or technical matters in which the attorneys present an abbreviated version of their case to a panel of decision makers such as a mock jury panel of people selection from the community
Summary jury trial
A court sponsored settlement process in which a jury renders an advisory verdict after an abbreviated trial with all its formalities
A facilitator available to assist the public, employees, or those served by an institution with problems or complaints