What is alternative dispute resolution (ADR)?
Alternative Dispute Resolution (ADR) is a term used for a variety of methods used to resolve disagreements between parties outside the court system. ADR can be used to settle civil disputes, such as those involving consumer products, services, finances, and relationships. ADR is a less expensive, quicker, and more confidential way to process cases as compared to the court system and is often used as an alternative to going to trial. In California, the most common forms of ADR are mediation and arbitration. Mediation is a process where a neutral third party helps the two sides reach a voluntary agreement that is acceptable to both. The mediator does not make a decision for the parties, but will help to facilitate a conversation and encourage communication in order to reach a solution. Arbitration is another form of ADR where a neutral third party, known as an arbitrator, will listen to both sides of the dispute and make a decision. The arbitration process is similar to a court trial and the decision is legally binding. Today, many civil cases are resolved through ADR and it has become increasingly common in California. ADR can help resolve disputes faster, more efficiently and often more amicably than going to court. It can also improve communication and understanding between the parties and allow them to maintain healthy relationships even after the dispute is resolved.
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