What is ADR?
Alternative Dispute Resolution (ADR) refers to a group of processes used to resolve disputes between individuals, groups, or businesses. These processes grew out of frustration with the significant time and cost associated with resolving problems in the court system as well as the rapid growth in the courts’ caseloads. There are many types of ADR processes and techniques.
Negotiation is the most basic type and serves as the foundation for the others. With negotiation, individuals/parties voluntarily confer with each other in order to settle a dispute. While the participant(s) on each side in negotiation typically seek terms they view as advantageous, the ultimate purpose is to craft outcomes that are satisfactory to all participants. No third party facilitates the process of reaching a settlement.
Mediation is facilitated negotiation. A neutral third party, or mediator, works with the individuals or parties involved in the dispute to help them settle the matter. The mediator, however, cannot impose a resolution. Only the parties can decide if the proposed settlement is satisfactory. In certain types of cases, many courts now require mediation in an effort to reduce the likelihood that the parties must go to trial to resolve conflict. For example, mediation is often mandatory in child-custody cases.
Arbitration is another type of ADR process. In arbitration, parties in a dispute may agree in advance to comply with the decision of a neural third party or arbiter. The resolution to the dispute may be binding and the parties cannot return to court (except in very limited circumstances) to challenge the arbiter’s decision. Arbitration is commonly used to settle business and labor disputes.
You can learn more about each of these processes in UNT’s ADR program from instructors who have real world experience dealing with different types of disputes. You can also learn how these processes and techniques can enhance your professional skills regardless of your choice of career!