|
Alternative
Dispute Resolution (ADR) is a confidential proceeding in which
an objective, neutral third party or parties work to facilitate
the resolution of a dispute between parties.
FORMS OF ADR
MEDIATION:
The process in which a trained facilitator assists disputing
parties in communicating their position on issues and exploring
possible solutions.
CONCILIATION: A process in which an intervener attempts
to correct, misperceptions, reduce fears and improve communication
to an extent permits reasonable discussion to take place and
reconciliation to begin.
MODERATED SETTLEMENT CONFERENCE:A procedure which provides
parties with a confidential, non-binding, objective case evaluation
by an impartial, experienced third party or panel.
ARBITRATION: A procedure in which an impartial third party
or panel meets with the parties, listens to a presentation
of both the facts and the law, and then renders an award.
The parties may agree prior to the trial to the hearing whether
or not the decision will be binding.
MINI-TRIAL: A procedure in which opposing counsel present
their case to the parties, (the respective decision-makers,
with authority to settle the matter) and to a neutral third
party. After hearing the cases presented the decision-makers
meet, either with or without the neutral advisor to attempt
to negotiate a settlement.
SUMMARY JURY TRIAL:A procedure which is normally conducted
by the court in the usual manner of a jury trial, except on
a more informational basis, where the questioning of jurors
and the presentation of evidence are greatly limited. The
rules of evidence are relaxed and the jury decision is advisory
in nature.
|