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Types of ADR


Arbitration
Arbitration means a process in which (1) the parties appear before one or more impartial neutrals / arbitrators and present evidence and argument supporting their respective positions, and (2) the neutrals / arbitrators render a decision in the form of an award that is binding. The parties may agree that the decision is not binding.
Mediation
Mediation means a process in which the parties work with one or more impartial neutrals / mediators who, without providing legal advice, assist the parties in reaching their own voluntary agreement for the resolution of the dispute or issues in the dispute.
Settlement Conference Facilitation
Both parties meet with an impartial Neutral, who will facilitate discussions between both parties to help the opposing parties reach a mutually acceptable agreement. The neutral will evaluate the strengths and weaknesses of each party’s case and help the parties analyze the risks associated with a trial. Sometimes, at the request of the parties, the neutral will offer an opinion regarding a likely verdict.
Neutral Case Evaluation
Neutral Case Evaluation means a process in which the parties and their attorneys present in summary fashion, evidence and arguments supporting their respective positions to a neutral. The neutral person renders an evaluation of their positions and an opinion as to the likely outcome of the dispute or issues in the dispute if the action is tried before a jury.

Rules of ADR

Most court rules contain provisions concerning the timing and compulsory requirements of ADR. All court rules and even some statutes mandate that the ADR activity be confidential to the parties and the neutral. Thus the court can never be privy to what the parties said or what their demand or offers were.

Compulsory or Voluntary

Some courts mandate that all parties participate in an ADR activity before a trial date is set - while others allow the parties to volunteer for a court sponsored ADR program. Most courts that mandate ADR allow the parties to petition the court to be relieved of the obligation upon a showing of good cause. The courts maintain a list of qualified neutrals and in most cases require the neutral to meet certain specified minimum qualifications.

Neutral Certification

Largely because the courts began to mandate ADR, a requirement that neutrals be certified evolved. Most courts maintain a list of qualified neutrals in various specialties i.e. family law, medical malpractice, and personal injury, complex civil and commercial litigation. If an individual desires to be placed on a court list of neutrals, most courts require the neutral to demonstrate their experience and successfully complete a 40 hour course on the principles of mediation. Certification requirements and procedures vary widely from state to state and even county to county and in many instances they are largely discretionary with the court although minimum standards are usually established in state wide court rules of procedure.

 

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