Alternative Dispute Resolution

Alternative Dispute Resolution, or ADR, Means Resolving Your Dispute Without a Trial.

Alternative Dispute Resolution (“ADR”) can be used anytime, even after litigation has started. Indeed, courts are routinely ordering ADR during the litigation process. We usually recommend starting with ADR so that the client can save the time, expense and agony of a litigation trial.

A Litigation Trial Attorney Wants to Avoid Litigation?

That’s right -- litigation lawyer Bob Baum wants to start with ADR in order to avoid any kind of litigation. His belief is that a dispute shouldn’t go to trial unless absolutely necessary, so Mr. Baum likes to begin with mediation services whenever possible.

ADR can refer to any way of settling the dispute without a trial, but usually refers to mediation, arbitration, neutral fact-finding, neutral case evaluation and med-arb (a combination of mediation and arbitration). Also, there is a new form of ADR, called “Collaborative Law,” which is quickly being recognized as the best way of resolving many disputes.

Click here to view our Comparison of Dispute Resolution Options chart

The advantages to ADR are numerous:

• It is quicker than going through a trial, thereby reducing stress and uncertainty that occurs during months and years of litigation.
• Dispute resolution usually costs less than litigation.
• It offers more certainty than litigation, because there are no appeals.
• It offers more flexibility in getting to resolution, because you set the rules.
• Any of the ADR processes can be confidential, unlike in litigation where many private facts can become public information.
• Through alternative dispute resolution, you can address issues that a court cannot consider, and you can settle the case with creative solutions that the court on its own would not order.