"Alternative dispute resolution (ADR), or external dispute resolution (EDR)"
Covers methods of resolving disputes outside of the courtroom, such as mediation and arbitration.
Overview of Alternative Dispute Resolution: This topic covers the basics of ADR, its definition, types of ADR, its advantages and disadvantages, and how it is different from traditional litigation.
Mediation: Mediation is a process where a neutral third party helps parties to negotiate and find a mutually acceptable solution to their disputes without going to court. This topic covers the key principles of mediation, the role of the mediator, and the various stages involved in mediation.
Arbitration: Arbitration is the process where a third party, usually an arbitrator or a panel of arbitrators, makes a binding decision to resolve a dispute. This topic covers the key principles of arbitration, the role of the arbitrator, and the various stages involved in arbitration.
Negotiation: Negotiation is a process where parties communicate to reach a resolution of their dispute. This topic covers the key principles of negotiation, the various styles of negotiation, and the techniques used in negotiation.
Conciliation: Conciliation is a process where a neutral third party helps parties to identify the issues in dispute, communicate with each other, and reach an agreement. This topic covers the role of the conciliator, the various stages involved in conciliation, and the advantages of conciliation.
Collaborative Law: Collaborative law is a process where parties and their lawyers work collaboratively to reach a settlement without going to court. This topic covers the principles of collaborative law, the role of the lawyers, and the advantages of collaborative law.
Online Dispute Resolution: Online dispute resolution (ODR) is a process where disputes are resolved using technology-based tools and platforms. This topic covers the key principles of ODR, the advantages and disadvantages of ODR, and the different tools and platforms used in ODR.
Alternative Dispute Resolution in Practice: This topic covers the practice of ADR in various contexts, including commercial disputes, family disputes, employment disputes, and community disputes. It also covers the role of ADR in the justice system and the importance of ADR in modern society.
Legal and Ethical Issues in ADR: This topic covers the legal and ethical issues that arise in ADR, such as confidentiality, impartiality, and disclosure. It also covers the standards and codes of conduct that apply to ADR practitioners.
International Dispute Resolution: International dispute resolution covers the process of resolving disputes between parties from different countries or cultures. This topic covers the key principles of international dispute resolution, the various methods used, and the challenges of cross-cultural communication and understanding.
Mediation: A process in which a neutral third party, the mediator, helps the parties to reach a settlement agreement.
Arbitration: A process in which a neutral third party, the arbitrator, makes a binding decision after hearing the evidence and arguments presented by the parties.
Conciliation: A process in which a neutral third party, the conciliator, helps the parties to reach a settlement agreement.
Negotiation: A process in which the parties try to reach a settlement agreement between themselves, often with the assistance of lawyers or other advisors.
Collaborative law: A process in which the parties and their lawyers agree to work together to reach a settlement agreement, often using a team-based approach.
Hybrid processes: A combination of different ADR processes, such as med-arb (a combination of mediation and arbitration), or a settlement conference (a combination of mediation and negotiation).
Early neutral evaluation: A process in which a neutral third party evaluates the strengths and weaknesses of each party's case and provides an assessment of the likely outcome if the case were to go to court.
Mini-trial: A process in which the parties present abbreviated versions of their case to a panel of decision-makers, who provide an advisory opinion on the likely outcome if the case were to go to court.
Ombudsman: A process in which an independent third party, the ombudsman, investigates complaints from parties and makes recommendations for resolution.
Expert determination: A process in which a neutral third party, the expert, makes a binding decision on technical or specialized matters in dispute between the parties.
"...denotes a wide range of dispute resolution processes and techniques..."
"They are used for disagreeing parties who cannot come to an agreement short of litigation."
"ADR is also increasingly being adopted as a tool to help settle disputes within the court system."
"...ADR has gained widespread acceptance among both the general public and the legal profession in recent years."
"In 2008, some courts required some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried..."
"Additionally, parties to merger and acquisition transactions are increasingly turning to ADR to resolve post-acquisition disputes."
"The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute."
"Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of this use of mediation to settle disputes."
"Since the 1990s many American courts have also increasingly advocated for the use of ADR to settle disputes."
"...it is not clear as to whether litigants can properly identify and then use the ADR programs available to them, thereby potentially limiting their effectiveness."
"...or external dispute resolution (EDR)"
"ADR is also increasingly being adopted as a tool to help settle disputes within the court system."
"This means that attendance is compulsory, not that settlement must be reached through mediation)."
"...to resolve post-acquisition disputes."
"...the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute."
"Some of the senior judiciary in certain jurisdictions (of which England and Wales is one)..."
"...increasingly advocated for the use of ADR to settle disputes."
"...it is not clear as to whether litigants can properly identify and then use the ADR programs available to them..."
"...a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party."