ABSTRACT
Court dockets are more congested; the costs of lawsuits are on a dramatic rise; and judges are formally ordering parties to attempt to resolve their disputes through “alternative dispute resolution.” Alternative dispute resolution (ADR) has become an increasingly popular process within the United States justice system and is a method used to aid in resolving lawsuits outside of the courtroom. The Alternative Dispute Resolution Act defines “ADR” as “any process or procedure, other than an adjudication by a presiding judge, in which a neutral third party participates to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and arbitration …” (28 U.S.C. § 651(a)). As healthcare and malpractice costs continue to rise, there is growing interest in tactics such as early apology, mediation, and arbitration in the medical arena (Sohn & Bal, 2011, p. 1370). This chapter focuses on the LNC’s role in the two most common methods of ADR: arbitration and mediation. Other settlement modalities are also discussed.
