What are the rules for alternative dispute resolution?

Alternative dispute resolution (ADR) is a way to settle disputes outside of court, and is often quicker and cheaper than a trial. In Idaho, ADR is governed by the Idaho Rules of Civil Procedure. Under Rule 16 of the Idaho Rules of Civil Procedure, the court may order the parties to engage in ADR at any time before the trial. The parties can agree to use ADR, or the court may order it. The court can decide which type of ADR to use, how it will be conducted, and what will happen if one side refuses to cooperate. The most common type of ADR in Idaho is mediation. In mediation, a neutral third party mediator meets with the parties to help them reach a mutually acceptable resolution. The mediator does not make a decision; instead they work with the parties to help them come to an agreement. The mediator does not provide legal advice, and any agreement must be approved by the court. Arbitration is another type of ADR that is increasingly being used in Idaho. In arbitration, each side presents their case to an arbitrator, who then makes a decision that is legally binding on both parties. Although ADR can be a very useful tool, it is important to know that the court still has the power to hear the case and make a decision if ADR is unsuccessful.

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