© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Chapter Thirteen Alternative Dispute Resolution

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Alternative Dispute Resolution (ADR) Alternative dispute resolution involves resolving disputes outside the normal court process.

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Binding and Nonbinding ADR Binding ADR exists where the parties have agreed to give up their right to court and to be bound by some method of ADR. Nonbinding arbitration is frequently ordered by a court in which a civil dispute has originated. The courts hope that forcing the parties to go through ADR will enable them to resolve the dispute without a trial.

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Negotiation Negotiation is the process of discussing contested issues in an attempt to resolve disputes. It is a process that requires no formalities. It can take place at any time.

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Arbitration Arbitration is an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute. An arbitrator presides over an arbitration hearing and renders a decision. The decision of the arbitrator in an arbitration hearing is called an arbitration award.

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Mediation Mediation is an informal out-of-court dispute resolution process; a mediator, or neutral person, assists the parties in reaching an agreement The mediator does not decide the disputed issues, but rather tries to get the parties to reach an agreement.

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Other Methods of ADR Mini-Trial Court-Related ADR Private Judges Special Masters Discovery Referees