List and define the methods of alternative dispute resolution (ADR) discussed in the text. Are all methods of ADR voluntary? Discuss mandatory ADR

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Answer 1

Alternative dispute resolution (ADR) methods include:
Negotiationâ€"This is a process in which parties attempt to settle their dispute voluntarily, with or without attorneys to represent them.
Mediationâ€"This is a method of settling disputes outside of court by using the services of a neutral third party, who acts as a communicating agent between the parties. Mediation is a method of dispute settlement that is less formal
than arbitration.
Arbitrationâ€"This is a method of settling disputes in which a dispute is submitted to a disinterested third party (other than a court), who issues a decision that may or may not be legally binding.
Binding mediationâ€"This is a form of ADR in which a mediator attempts to facilitate agreement between the parties but then issues a legally binding decision if no agreement is reached.
Mediation arbitration (med-arb)â€"This is a form of ADR in which an arbitrator first attempts to help the parties reach an agreement, just as a mediator would. If no agreement is reached, formal arbitration occurs, and the arbitrator issues a legally binding decision.
Early neutral case evaluationâ€"This is a form of ADR in which a neutral third party evaluates the strengths and weaknesses of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement.
Mini-trialâ€"This is a private proceeding that assists disputing parties in determining whether to take their case to court. Each party's attorney briefly argues the party's case before the other party and (usually) a neutral third party, who acts as an adviser. If the parties fail to reach an agreement, the adviser issues an opinion as to how a court would likely decide the issue.