What Is Alternative Dispute Resolution?

Alternative Dispute Resolution, commonly known as ADR, is continuing to experience an explosive growth as more and more clients and lawyers realize the benefits of bringing peace and resolution to disputes rather than fighting protracted court battles.

A wider variety of ADR techniques have been evolving in the wake of the growing awareness of the unacceptable financial and emotional costs and risks of litigation. In addition to the standbys of mediation and arbitration, the up-to-date ADR lawyer now has available and is familiar with other settlement processes including collaborative law, cooperative process, the use of settlement counsel, med-arb and more. Although newer and less familiar, their use is growing as ADR attorneys and their clients together explore their options and discover new, more flexible means of resolving their problems.

All these ADR techniques seek primarily to accomplish two things: to decrease the costs and other dangers of resolving disputes in court and to find creative solutions which take into account the needs of all the parties involved. Uncovering and addressing the parties' underlying interests is at the core of most ADR processes, because it is in and around these interests that solutions present themselves which could never have been achieved in court.

The vast majority of all cases – almost 99% – now settle before trial, but all too frequently only after exorbitant amounts of time and money have been spent to arrive on the courthouse steps. ADR is a commitment to early resolution, to lowering the rancor in a dispute, and to seeking a solution which is fair, sensible and can often preserve personal or business relationships between the parties.

ADR - it's time has come.