What are the rules for alternative dispute resolution?
Alternative dispute resolution (ADR) is the process of settling a dispute without going to court. In Hawaii, ADR is regulated by the Hawaii Court Rules and is often used as an alternative to civil litigation. There are several different forms of ADR that can be used to settle a dispute, including mediation, arbitration, and collaborative dispute resolution. Mediation is a form of ADR in which a neutral third-party mediator assists the two parties in reaching an agreement. The mediator helps to facilitate negotiations between the two parties, and the parties are ultimately responsible for reaching a mutually acceptable agreement. Arbitration is similar to mediation, but the arbitrator does not work to facilitate an agreement. Instead, the arbitrator listens to both sides of the dispute and renders a binding decision. Collaborative dispute resolution is a type of ADR in which the two parties work together to find a solution to the dispute. The parties involved in the dispute will work with a team of professionals to develop a mutually acceptable solution. In Hawaii, all ADR proceedings must be conducted in accordance with the Hawaii Court Rules. Additionally, all ADR proceedings must be conducted in such a manner as to promote equality and fairness for all parties. The goal of ADR is to settle disputes without the need for a lengthy litigation process.
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