What are the rules for alternative dispute resolution?
Alternative dispute resolution (ADR) is a process that can be used to settle disputes without going to court. In Massachusetts, there are five main types of ADR: arbitration, mediation, settlement conferences, summary jury trials, and private judging. Arbitration is a way to settle disputes through an impartial third-party. An arbitrator studies both sides of the dispute and makes a decision based on the available evidence. The decision is legally binding, meaning both parties must comply with the arbitrator’s ruling. Mediation is another form of ADR. In this process, a neutral mediator works with both parties to come to a mutually beneficial resolution. The mediator doesn’t make a decision, they just help the two sides communicate and negotiate to reach an agreement. A settlement conference is a process designed to bring the parties together to discuss the dispute and try to reach a settlement agreement. In this process, a neutral third-party encourages the parties to discuss their differences and attempt to come to an agreement. A summary jury trial is a type of ADR that is similar to a traditional jury trial in that the parties present their cases before a panel of jurors. However, the panel does not reach a formal verdict; instead, they provide feedback to the parties and encourage them to look for common ground and come to an agreement. Finally, private judging is a process that allows the parties to select a retired judge to oversee their case and come to a resolution. The private judge usually has extensive experience in the area in which the dispute is taking place. The judge’s decision is legally binding and both parties must comply.
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