Alternative Dispute Resolution

1. Common ADR Processes
   1. Mediation
      1. Definition
         1. Explanation of mediation as a facilitated negotiation
         2. Role in resolving disputes without going to court
      2. Role of the mediator
         1. Facilitator of communication
         2. Neutral third-party
         3. Assists in identifying interests and options
      3. Voluntary nature
         1. Participation is typically voluntary
         2. Parties have the right to withdraw at any phase
      4. Process stages
         1. Initial contacts
            1. Arrangements for mediation sessions
            2. Agreement on logistics and rules
         2. Opening statements
            1. Mediator outlines the process
            2. Parties present their perspectives
         3. Joint discussion
            1. Open forum for exchange of information
            2. Clarification of misunderstandings
         4. Private caucuses
            1. Separate meetings with mediator
            2. Exploration of barriers and options
         5. Negotiation and settlement
            1. Working towards mutually acceptable solutions
            2. Documenting agreements
      5. Advantages and disadvantages
         1. Confidentiality of process
         2. Control retained by parties
         3. Limited enforcement options
         4. Possible imbalance in negotiation power
   2. Arbitration
      1. Definition
         1. Alternative where a neutral third-party makes decisions
         2. Comparable to court proceedings but more flexible
      2. Binding vs. non-binding arbitration
         1. Binding results enforceable as judgment
         2. Non-binding outcomes reviewable by courts
      3. Role of the arbitrator
         1. Decision-maker
         2. Expert in relevant field
         3. Maintains procedural fairness
      4. Arbitration process
         1. Submission
            1. Agreement on arbitration clauses
            2. Selection of arbitrators
         2. Hearing
            1. Presentation of evidence and arguments
            2. Examination of witnesses
         3. Decision or award
            1. Rendered based on evidence presented
            2. Binding upon parties unless specified otherwise
      5. Advantages and disadvantages
         1. Expertise in subject matter
         2. Faster resolution compared to litigation
         3. Limited appeal opportunities
         4. Costs may be comparable to litigation
   3. Negotiation
      1. Definition
         1. Direct communication to resolve disputes
         2. Informal and flexible process
      2. Parties involvement
         1. Direct interaction between parties or through representatives
         2. Requires willingness to compromise
      3. Techniques and skills
         1. Interest-based negotiation
            1. Focus on underlying interests not positions
            2. Encourages creative solutions
         2. Position-based negotiation
            1. Focus on stated demands
            2. Often involves tradeoffs and concessions
      4. Advantages and disadvantages
         1. Control over the process and outcome
         2. No third-party intervention
         3. Possible difficulty in reaching agreement
         4. Risk of power imbalances
   4. Other ADR Forms
      1. Conciliation
         1. Similarities to mediation
            1. Role of a neutral facilitator
            2. Voluntary and collaborative process
         2. Distinctive features
            1. Conciliator may propose solutions
            2. Often used in employment and consumer disputes
      2. Neutral evaluation
         1. Role of the neutral evaluator
            1. Provides an assessment of case merits
            2. Offers predictions on court outcomes
         2. Applicable scenarios
            1. Early stages of litigation
            2. Complex commercial and civil cases
      3. Collaborative law
         1. Concept and process
            1. Interdisciplinary approach involving lawyers and specialists
            2. Emphasis on transparency and full disclosure
         2. Participation agreement
            1. Commitment to resolving disputes out of court
            2. Engagement in a cooperative rather than adversarial manner