Adr Flashcards
What does ADR stand for?
Alternative Dispute Resolution
Name the main forms of ADR
- Negotiation
- Mediation
- Arbitration
- Med-arb
- Early neutral evaluation
- Expert appraisal
- Expert determination
- Conciliation
What is negotiation in the context of ADR?
A communication process between parties intended to reach a compromise or agreement
What is the role of a mediator?
To facilitate the resolution of disputes through impartial guidance without making binding decisions
True or False: Mediation results in a binding decision.
False
What is arbitration?
A process where a dispute is resolved by an impartial adjudicator whose decision is final and binding
What is med-arb?
A process where parties first attempt mediation and, if unresolved, proceed to arbitration
What does early neutral evaluation provide?
A non-binding assessment of the matters referred to an independent party
What distinguishes expert determination from expert appraisal?
- Expert determination provides a binding decision
- Expert appraisal provides a non-binding opinion
What is conciliation?
A process involving an independent neutral third party to help resolve a dispute, often more evaluative than mediation
Fill in the blank: ADR processes without third-party intervention include _______.
Negotiation
List some advantages of using ADR
- Court expectations
- Better relationships
- Less expensive
- Saves time
- Privacy / confidentiality
- Less disruption
- Range of outcomes
- Outcomes reflect risk
- Parties in control
- Greater involvement
What is the court’s expectation regarding ADR?
The court expects parties to act reasonably in considering and engaging in ADR
How does ADR help preserve relationships between parties?
By considering factors like business relationships and personal emotions during the resolution process
List two potential outcomes of using ADR compared to litigation.
- Greater privacy
- Less disruption to clients
