Alternative Dispute Resolution, or ADR, encompasses means of resolving disputes without resorting to litigation. It is possible to engage in ADR without filing a lawsuit, or to utilize ADR in a binding or non-binding effort to resolve a dispute. In ADR, the parties enter into a contract that sets forth the terms and conditions of how the dispute resolution will be handled, including who hears their concerns, how their concerns will be presented, and how their agreements will be made. This can give the parties to a dispute a great deal of flexibility over how their controversy will be resolved. The most common forms of ADR are: Mediation - The parties select a mediator, or mediators, who are trained to assist them in their negotiations. The process is voluntary and the parties control all decisions, all agreements are made by the parties. In court-ordered mediation, the mediators may be selected by the court, or by an administrator. Arbitration - The parties select an arbitrator, or a panel of arbitrators, who hear their case and then decide an appropriate resolution. Arbitration is usually binding on the parties. Facilitation (Facilitative Mediation) - The parties meet with a facilitator, who helps them reach a compromise or settlement.
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