ADR Training, Methods and Techniques
Learn about the different forms of dispute resolution and find the ADR training that's right for you.
Litigation is expensive and time-consuming, and no one can truly predict the outcome of a jury trial.
That's why more and more people and companies are turning to alternate dispute resolution (ADR) to avoid costly court trials yet still resolve their differences. ADR actually encompasses over a dozen different methods of dispute resolution, which can result in career flexibility.
This is one reason for the current interest in ADR training.
The Many Forms of Alternate Dispute Resolution
Most ADR training will prepare you in one or more of the following methods of dispute-resolution:
Arbitration is a formal hearing before a neutral third party, called an arbitrator. An arbitrator or an arbitration panel serves as a de facto "judge" to render a decision based on the merits of a dispute. This form of ADR has a lower standard of evidence than a formal trial, which consequently makes it a more flexible process.
A neutral mediator helps two opposing parties negotiate an agreement. The mediator helps the parties understand the issues more objectively and find a mutually acceptable solution to their problems. During mediation, the opposing parties meet with the mediator both privately and together. Meeting separately with the mediator allows each party to express their emotions and point of view. Mediators don't have any decision-making authority and cannot impose resolutions on the parties; rather, the parties must come to an agreement and arrive at the decisions themselves.
3. Mediated Arbitration (Med-Arb)
Med-Arb is a combination of mediation and arbitration. Initially, a neutral third party mediates a dispute until the parties reach an impasse. Then an overseer issues an arbitration decision on the cause of the impasse or other unresolved issues. The disputing parties agree in advance whether the same person—or a different one—will conduct both the mediation and arbitration processes.
This is a process in which a "conciliator" restores damaged relationships between disputing parties by bringing the parties together, clarifying perceptions, and pointing out misperceptions. The conciliator may or may not be totally neutral to the interests of the parties. Successful conciliation opens channels of communication and facilitates further negotiation. Frequently, conciliation restores the parties to a pre-dispute status quo, after which other ADR techniques can be applied.
Facilitation improves the flow of information within a group or between disputing parties. The facilitator's focus is on the procedures of conflict resolution, compared to a mediator, who is more likely to be involved with substantive issues. Consequently, it is common for a mediator to become a facilitator, but not vice versa.
6. Hybrid ADR
Hybrid ADR is the creative adaptation of ADR techniques for dispute resolution. You can choose to apply ADR methods in any order as long as the disputing parties are moving in good faith toward the resolution of their disagreement. Your ADR training and work experience will help you decide which dispute-resolution method or methods will work best in each case.
Legal Specialties at a Glance
Learn about the careers below to see which one suits you best.
- Estate Planning Paralegal
- Employment Paralegal
- Insurance Paralegal
- Subpoena Paralegal
- Law Office Manager
- Legal Nurse Consultant