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Alternative Dispute Resolution
Process Definitions

Following are definitions of the ADR processes described in this directory. The definitions go from non-adversarial, confidential processes in solutions chosen by the disputants themselves - to adversarial processes of dispute resolution that are decided by an outside, third party rather than the disputants.

Mediation

Mediation is a process whereby
• a neutral and impartial third party (the mediator)
• facilitates communication between negotiation parties which
• may enable the parties to reach settlement.
Mediation is an appropriate method to use when parties want to preserve their ongoing relationships or terminate an existing relationship in the least adversarial and most cooperative way. Solutions arrived at in mediation tend to last over time because the people affected by the decisions are the ones making them. Because the parties are responsible for making their own decisions, mediation may not be appropriate if a party is unable to negotiate due to substance abuse, psychological impairment, physical or emotional abuse by the other party, or ignorance. Mediation is an efficient and cost effective method for resolution of simple and complex cases.

Settlement Conference

A settlement conference is a process whereby
• A neutral and impartial legal professional
• Hears both sides of the case and conducts an informal assessment and negotiations session, and
• May advise the parties on the law and precedent relating to the dispute and suggest a settlement.
Settlement conferences are recommended for cases in which the disputants have strongly held positions about the probably case outcomes, but would listen to a competent third party's view of their positions and possible trial results. Settlement conferences can help disputants analyze the issues in dispute, review the facts and evaluate positions in their case. The opinion received can and often does facilitate settlement of the dispute before trail. Settlement conferences may be used for simple and complex cases.

Early Neutral Evaluation

Early neutral evaluation is a process whereby
• an evaluator is appointed by the court or chosen by the parties
• to intervene in a lawsuit for the purpose of narrowing the issues, assisting in case planning and management and,
• assisting in settlement, if appropriate.
The primary purpose of early neutral evaluation is to obtain case control and management. This may be accomplished by developing a discovery plan, narrowing issues or eliminating unnecessary parties. A secondary purpose is to assist with case settlement. The evaluation session is typically held within 60 days after the case is at issue, or even sooner. Early neutral evaluation is used primarily for large, complex cases that can benefit from focused case management.

Fact Finding

Fact finding is a process whereby
• a public or private neutral
• examines the issues and facts in a case
• and may or may not recommend settlement procedures.
Neutral fact finding is useful in complex, technical cases. The parties may agree to this process or the court may order it. It is often used in conjunction with other ADR processes such as mediation and arbitration.

Mini-Trial

A mini-trial is a process whereby
• a neutral and an official with settlement authority from each party
• listen to the evidence and conduct settlement negotiations.
The mini-trial was developed to encourage the settlement of business disputes. It can be an efficient and cost-effective method of resolving complex litigation and should be considered when an impasse to negotiations has occurred, but parties are still interested in settlement of their dispute.

Med/Arb

Med/Arb is a process whereby
• a neutral and impartial third party
• facilitates communication between negotiating parties and,
• failing settlement, receives evidence and testimony provided by the parties and
• issues a binding decision.
Med/Arb is a hybrid of two different ADR processes, mediation and arbitration. In situations where the parties have an ongoing relationship, med/arb can help the parties preserve their relationship by promoting voluntary communication and settlement, with arbitration only being used to decide those issues upon which the parties cannot reach agreement. Med/Arb should be considered when a negotiated settlement is desired, but when a quick settlement or decision is needed.

Arbitration

Arbitration is a process whereby
• one or more neutral and impartial expert third parties
• hear and consider the evidence and testimony provided by the disputants and
• issue a binding or non-binding decision.
Arbitration can be beneficial in that it is private and results in a speedy decision rendered by arbitrator(s) who have extensive experience and expertise in the area of the disputes. Its disadvantages include the parties' limited right to court review, limited discovery and unavailability of punitive damages. Arbitration can be efficient and cost effective.