1. ALTERNATIVE
DISPUTE
RESOLUTION

2. NEGOTIATION
Parties communicate with each other and make their own decisions.
The outcome can be written into a contract that is final and binding.

3. MEDIATION
A selected neutral third party facilitates parties making their own decision.
The outcome is an agreement to which both parties are committed; the outcome can be written into a contract that is final and binding.

4. MEDIATION Mediation is the most rapidly growing form of ADR
Success rates range from percent
Mediator’s role is to provide a relaxed, informal, and comfortable environment where parties can discuss their conflict openly and honestly to arrive at a potential solution.

5. ARBITRATION Arbitrator Party 1 Party 2
A selected third party receives statements and arguments from both parties and acts as the decision maker.
The arbitrator’s decision is final and binding.
Arbitrator
Party 1
Party 2

6. Privacy & Confidentiality
ARBITRATION v. LITIGATION
Factor
Arbitration
Litigation
Speed
Days to weeks
Months to years
Procedures
More business-like but less formal than litigation
Follows formal, complex rules and procedures
Costs
Significantly less
Costly depending on length of trial
Privacy & Confidentiality
Conducted in private; not publicly disclosed
May be conducted in public and may be reported by media
Finality
Resolution may permanently satisfy both parties
There is a winner and a loser

7. Questions Which type of dispute resolution did Elaine and Kramer use?
Which type of dispute resolution did Erin and Ed use in Erin Brokovich?
Which types of civil actions might use alternative dispute resolution and why?