Alternative Dispute Resolution
("ADR") refers to any means of settling disputes outside
of the courtroom. ADR typically includes arbitration, mediation,
early neutral evaluation, and conciliation. As burgeoning court
queues, rising costs of litigation, and time delays continue to
plague litigants, more states have begun experimenting with ADR
programs. Some of these programs are voluntary; others are
The two most common forms of ADR are
arbitration and mediation. Arbitration is a simplified version of a
trial involving no discovery and simplified rules of evidence.
Either both sides agree on one arbitrator, or each side selects one
arbitrator and the two arbitrators elect the third to comprise a
panel. Arbitration hearings usually last only a few hours and the
opinions are not public record. Arbitration has long been used in
labor, construction, and securities regulation, but is now gaining
popularity in other business disputes.
is a dialogue between two or more people or parties, intended to
reach an understanding, resolve point of difference, or gain
advantage in outcome of dialogue, to produce an agreement upon
courses of action, to bargain for individual or collective
advantage, to craft outcomes to satisfy various interests of two
person/ parties involved in negotiation process. Negotiation is a
process where each party involved in negotiating tries to gain an
advantage for themselves by the end of the process. Negotiation is
intended to aim at compromise.
Negotiation occurs in business,
non-profit organizations, government branches, legal proceedings,
among nations and in personal situations such as marriage, divorce,
parenting, and everyday life. The study of the subject is called
negotiation theory. Professional negotiators are often specialized,
such as union negotiators, leverage buyout negotiators,
peace negotiators, hostage negotiators, or may work
under other titles, such as diplomats, legislators or brokers.