Alternative Dispute Resolution (ADR) is an increasingly popular way of settling conflicts and disputes through mediation. As an alternative to litigation, it has the advantages of confidentiality, speed, and lower costs. Mediation and arbitration can cover a number of different types of disputes, including white collar offenses, product liability, professional malpractice, intellectual property, intentional disputes and international investigations.
When is alternative dispute resolution applicable?
Alternative dispute resolution (ADR) can be of four different types, which are: negotiation, mediation, collaborative law, and arbitration. It can be used to settle a whole range of disputes from personal injury cases to complex commercial disputes involving mergers and takeovers and requiring international investigations.
In ADR, the entire process from the definition of the conflict to procedure to outcomes is agreed upon by both parties. In many cases like the following, the emphasis is on restitution or restoration rather than punishment.
Racism and discrimination cases
Racism and discrimination are an ugly and continuing fact of life, and many people experience racism on a daily basis. It can take a personal or an an institutionalized form. On a yearly basis, as many as one out three African Americans experience discrimination. When it comes to institutionalized discrimination, as many as 50% of black Americans have experienced it in their workplace or at the voting booth.
Environmental pollution and justice
As the reality and scale of environmental pollution sink in, people who suffer from its worst effects, and activists are seeking strategies to hold polluters accountable. Pollution affects air and water quality and the quality of life. Merely reducing the toxic air pollution emitted by industrial plants would prevent heart disease and respiratory illnesses in thousands of people. It has been estimated that it could save as many as 5,000 lives each year.
An increasing number of Americans, more than 40%, are concerned about air quality both indoors and outdoors. Pollution due to carbon emissions, tropospheric ozone, particulate matter, sulfur oxides, volatile organic compounds, radon, refrigerants, and methane emission has many sources and a mixture of strategies will be needed to combat it. Not only is water quality an issue, it’s availability will diminish as a result of global warming. It is estimated that more than a third of the counties in the lower 48 states will be at risk of water shortages by the middle of the century.
Personal injury
Personal injuries are most commonly the result of traffic accidents involving cars, trucks and motorcycles. Yet most personal injury cases never go to trial and up to 95 or 96% are settled through ADR mechanisms.
ADR services from arbitration to support
Some ADR services combine the advantages of the federal court system with all the benefits of arbitration. They offer the advantages of the federal court system like experienced judges, familiar rules and optional appeal with ADR benefits like judge selection, speed, confidentiality, cost efficiency, customization, and enforceability. They are based on rules like the Federal Rules of Civil Procedure (FRCP), the Federal Rules of Evidence (FRE) and the Federal Rules of Appellate Procedure (FRAP), which are familiar to most judges. These can be modified with the agreement of both parties.
ADR services draw upon the skills and experience of knowledgeable former judges. They can cover a wide range, including:
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Arbitration
With judges and familiar and efficient FRCP-based procedures -
Mediation
Practitioners with a high success rate achieving settlements - Mock Trials
Find and refine the best strategies and arguments - Expert Testimony
With years of experience and knowledge of applicable law - Special Master
For for discovery and settlement talks - Standby Mediator
Narrow issues and settle cases even after arbitration has begun - Investigations
Conducting private and public sector investigations, including international investigations
In many cases, ADR offers a more convenient and less stressful option to litigation. When conducted by former judges with a thorough knowledge of the law and international investigations, it can be the best choice for all parties.
