| An alternative dispute resolution (ADR) usually takes less time and is usually a less expensive alternative than a trial. With ADR people are also have more of an opportunity to figure out when and how their dispute will be resolved. The different types of ADR’s are mediation, settlement conferences, neutral evaluation, and arbitration.
With mediation there is a neutral party between the two disputers and their position is to help the two people communicate with each other in an effective and nondestructive manner. The mediators try to help the two parties come to a resolution on their own.
An arbitrator also plays a neutral role between the disputing parties, but after reviewing all evidence does the arbitrator make the decision and decides the outcome of the dispute. Arbitration may either be binding or nonbinding. A binding arbitration waives the parties rights to a trial, while a nonbinding arbitration allows for the disputing parties to decide whether they choose to go to trial after hearing the arbitrators decision.
In neutral evaluation, an evaluator listens to each side’s case and then shares with them the strengths and weaknesses of their argument along with a resolution. The evaluator does not have the rights to make the decision like an arbitrator does but with the expert advice given the parties can then use this information to decide on a resolution.
With a settlement conference the parties and their attorneys meet with a judge or a settlement officer to discuss a possible settlement. The judge or settlement officer does not make the decisions for the parties but after evaluation and expressing the weaknesses and strengths of the case will they assist in negotiating a settlement. Settlement conferences can be either mandatory or voluntary.
2015. ADR Types & Benefits. California Courts. www.courts.ca.gov/3074.ht
Alternative Dispute Resolution Clause:
All parties will agree that any dispute or controversy, coming out of or in connection to any team assignment, with this agreement, will be resolved by a final and binding resolution of an arbitrator selected before matters commence and held to position thereof by group connection. In accordance with the arbitrators rules and procedures, any award of the arbitrator(s) decision is final and binding. The National Arbitration and Mediation (NAM) administration will fulfill the requirements of providing the arbitrator(s), as seen fit for such dispute or controversy. If a decision cannot be reached after 14 days of testimony, the parties will surrender all testimony to the arbitrator and await a final decision. This decision will be final and held up by both parties.
The arbitration shall be conducted in accordance with the rules and regulations set forth by all parties beforehand, in effect at the time of the arbitration, except as they may be modified by mutual agreement of the parties. The seat of the arbitration shall be online at the groups forum page, and it shall be conducted in the English language. The arbitration shall be conducted by [one or three] arbitrators, who shall be selected in accordance with NAM.
The arbitral award shall be in writing and shall be final and binding on the parties. The award may include an award of costs, including time and resources spent during such ADR. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets.