What is alternative dispute resolution (ADR)?

Alternative Dispute Resolution, or ADR, is a way of resolving disagreements without going to court. It is a form of dispute resolution that takes place outside of the court room, typically in an informal setting. ADR can take several forms, such as mediation, arbitration, or negotiation. In mediation, an impartial third party, called a mediator, helps both sides reach an agreement. In arbitration, a neutral third party acts as a decision-maker and determines the outcome of the dispute. In negotiation, the parties involved directly negotiate and reach an agreement without the help of a third party. ADR is often preferred because it is faster, less costly, and less intimidating than going to court. In Massachusetts, the state Trial Court offers a variety of ADR services, such as mediation, to help resolve disputes in a timely manner. Procedures such as mediation are also used to settle workers’ compensation, evictions, and foreclosure proceedings. In addition, the Massachusetts Supreme Judicial Court encourages the use of ADR in most civil disputes. ADR is not suitable for every kind of dispute. Cases that involve complex legal issues, or when the parties cannot come to an agreement, are better suited for litigation. However, ADR can be beneficial in many situations, and is often the preferred option for resolving disputes in Massachusetts.

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What is alternative dispute resolution (ADR)?

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