What are the rules for alternative dispute resolution?

Alternative dispute resolution (ADR) is an increasingly popular way of resolving many types of legal disputes in Virginia. Through ADR, the parties involved in a dispute attempt to negotiate a settlement of their dispute outside of court. The ADR process can be quicker, less expensive, and less adversarial than taking a case to court. In Virginia, there are several types of ADR available, including mediation, arbitration, neutral evaluation, and mini-trial. Mediation involves having a neutral third-party (the mediator) who helps the parties reach an agreement. The mediator does not decide the outcome of the dispute, but helps the parties identify areas of agreement and construct a mutually acceptable solution. Arbitration is similar to a court trial, but it is held outside of the courtroom and the arbitrator, who is usually an experienced attorney, decides the outcome of the dispute. The neutral evaluation process is similar to arbitration, with the neutral evaluator providing non-binding decisions about the dispute. In a mini-trial, a panel of experts decide the outcome of the dispute. In Virginia, all ADR proceedings must be conducted in accordance with applicable state law and the rules and regulations of the court system. All parties must agree to participate in the ADR process, as binding decisions are reached in many cases. Ultimately, ADR allows the parties to work together to resolve their dispute without the costs and time of a traditional trial.

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