1. John Baker Oct. 15, 2009 PA 700-01

2. What is Alternative Dispute Resolution?  Quite simply, ADR is any process that resolves conflicts by means other than litigation. This includes:  Mediation  Arbitration  Direct Negotiation  “Collaborative Law”

3. Why use ADR?  Faster than going through court system  Cheaper than going through legal process  Participants have more control over the process  Issues more flexible

4. Mediation vs. Arbitration  Mediation  The parties themselves determine the conditions of any settlement reached.  Usually facilitated or “mediated” by third party, who plays referee role.  Arbitration  Parties refer to persons or panel, who decides case based on evidence provided.  Can often be legally binding

5. US Air Force ADR required in contract disputes In 2000, referred 30 cases to ADR process, 29 solved $1.15 million saved in interest by getting issue resolved quickly

6. Employee Relations  USPS: “UMP” program: Team of manager and union representative solve problems at lowest-possible level.  More controversial: Binding Arbitration  Used by companies to dismay of consumers, but also by about 25 local governments to resolve contract issues, usually related to public safety employee contracts.

7. San Mateo County Contract with Peninsula Conflict Resolution Center: Barking Dogs Bad Fences/Bad Neighbors High-Speed Rail Pacific Islander Relations

8. Challenges Can there truly be an impartial mediator? Ethics prevents “dual role,” such as mediator, and legal adviser of therapist

9. Some lawyers don’t like ADR ADR = “Alarming Drop in Revenue” Some attorneys fear losing control and/or not comfortable in non-adversarial process

10. The Future ADR will likely continue to thrive because: “Win-win” Saves time Saves Money Wilsonian efficicency