What is alternative dispute resolution (ADR)?

Alternative dispute resolution (ADR) is a legal process that occurs outside of court. It is an alternative to the traditional litigation process, which involves filing a complaint or lawsuit and having the parties appear in court. ADR is a way to resolve disputes without having to go to court. ADR can be used in many different types of civil cases, including contract disputes, tort cases, and family law. In Hawaii, the most common forms of ADR are mediation and arbitration. In mediation, a neutral third party (a mediator) helps both parties come to a solution to the dispute. The mediator can propose solutions or suggest compromises, but cannot impose any decisions on the parties. In arbitration, a neutral third party (an arbitrator) hears both sides and makes a decision about how the dispute should be resolved. ADR can be a cost effective and time efficient way to resolve disputes. Although the process is not as formal as the judicial process, the decisions made in ADR are enforceable in a court of law. ADR also allows the parties to have more control over the process and the outcome of the dispute.

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