ABSTRACT

ADR stands for Alternative Dispute Resolution. This means anything except litigation in court. Benefits of ADR include maintaining privacy, limiting costs, and resolving conflict more quickly. The downside to ADR includes possible harm to employees and retail consumers and any party who has less power than their adversary. Common types of ADR include conciliation, mediation, and arbitration. Mini-trials are briefly discussed. Conciliation is the process of good faith negotiations conducted directly between the parties with no third-party involvement. Mediation is a process where a third-party mediator, who has no decision-making authority regarding the substantive issues between the parties, attempts to facilitate the parties in jointly reaching agreement themselves. Arbitration involves a single person or team of three individuals who act as judges and after conducting private meetings with the parties, issues a decision of who wins and loses and by how much.