For more information on web standards and how to upgrade your browser please visit the Browser Upgrade Campaign at http://www.webstandards.org/upgrade/.
Educational Brochures
Alternative Dispute Resolution:
A publication of the ADR Committee
of the Bar Association of Erie County
Let's talk.
When a conflict arises between two parties, litigation may seem to be the only answer--but that's not necessarily the case.
Courts increasingly favor the use of Alternative Dispute Resolution (ADR) as a tool for resolving private disagreements, and some states require the use of ADR. It's an efficient, inexpensive, private, and effective way to settle many disputes, whether between individuals, businesses, or consumers.
What are ADR's advantages?
- Virtually any disagreement between two or more people or entities can be resolved through ADR techniques with the assistance of a neutral third party.
- If successful, ADR is usually a faster and less expensive way to resolve disagreements than with a lawsuit, with or without a trial.
- ADR is private and can be as flexible as the disagreeing parties wish it to be. It allows the parties to select the neutral who will become involved.
- ADR gives the disputing parties the best chance of being able to maintain a future relationship (business or personal) while resolving their conflict.
What types of conflicts can be resolved through ADR?
- Virtually all private disputes may be submitted to ADR, but areas where ADR has been used with the greatest success include family conflicts - particularly matrimonial and custody disagreement; personal injury and other tort claims; labor/management disputes; business, consumer and commercial disputes; employment disputes; insurance claims; and disagreements over regulatory matters.
What dispute settlement techniques are used in ADR?
- Arbitration - The most common ADR technique, arbitration involves the use of neutral third party, or arbitrator, selected by those having a dispute. The arbitrator conducts an informal proceeding to hear both sides and receives evidence, then makes a determination which resolves the dispute. The parties are obligated to follow this decision.
- Mediation - Another popular ADR procedure, mediation also involves the mutual selection of a neutral third party who listens to both sides and helps them communicate with one another. The mediator meets with disputing parties, usually together, but sometimes separately. The mediator may make suggestions as to how the dispute may be resolved, but unlike the arbitrator, the mediator does NOT have the authority to make a determination which the parties are required to follow.
- Other ADR techniques are, for the most part, variations of mediation and arbitration. Among these are fact finding, early neutral evaluation, private judging, negotiation, and the mini-trial.
Who can serve as a mediator or arbitrator?
Because New York State does not restrict or license mediators, arbitrators, and other neutral third parties, you should carefully check their credentials to make sure they have the training, experience, and knowledge to serve you efficiently and compentently.
Attorneys who have experience working as mediators or arbitrators may be particularly well qualified.
Where can I turn for help?
- Divorce cases - The Bar Association of Erie County Lawyer Referral Service (852-3100) can refer you to a trained divorce/family mediator.
- Miscellaneous - Contact the Better Business Bureau's Dispute Settlement Center (856-7180). In addition, there are a number of private arbitration and mediation services, most of them handling business, commercial, or construction disputes; they are listed under "Arbitration Services" or "Mediation" in the Yellow Pages of your phone book.
- Better Business Bureau's Community Dispute Resolution Program - Community disputes such as landlord/tenant or neighborhood disputes, vandalism/property damage, family/housemate problems, or animal complaints. Also juvenile problems such as parent/child conflicts, first offenders, school-related problems, truancy/vandalism, and peer conflicts can be handled by calling the Better Business Bureau's Dispute Settlement Center at 856-7180.