- What is Alternative Dispute Resolution?

Alternative Dispute Resolution (hereinafter, ADR) refers to a wide spectrum of dispute resolution processes that allow the resolution of disputes in a short time, compared to using the traditional judicial system, litigation. ADR does not replace the court system and certain cases will always be better suited for adjudication through trial.

- What are the different types of ADR?

ADR methods include Arbitration, Mediation, and Conciliation (well known in civil law countries).

- Why use ADR?

ADR is a prompt, private (confidentiality), and economical (much less expensive than trial) problem solving method.

- What is Mediation?

Mediation is a peaceful procedure to resolve conflicts. It is a voluntary and non-binding negotiation process that occurs outside the courtroom. In Mediation, a third impartial and neutral party manages the interaction between disputing parties to ensure constructive negotiation, thus helping the parties to agree on a resolution that is fair, durable, and workable. The parties, not the mediator, create the final decision.

- What are the advantages of Mediation?

Mediation is a voluntary, non-binding negotiation process. It is fast, cost-effective, and confidential. The parties play an active role in the process, expressing their frustrations, feelings, and underlying interests. The parties control the outcome, and this helps to maintain relationships. Mediation is not adversarial, and allows parties to achieve a win-win outcome.

- What is the difference between Mediation and other forms of Dispute resolution?

Arbitration is similar to litigation in many aspects. It requires formal structure and rules of procedure. Arbitration often requires a lengthy fact discovery period. Often the parties have little or no involvement in the process, leaving most of the interaction to the attorneys. Arbitration fees include, filing fees, an hourly arbitration rate, attorney fees, discovery costs, and witness fees, which can be expensive. The arbitrator is the final decision-maker in the case, issuing an enforceable judgment to the parties, thus making the process a win-lose situation.

Unlike Arbitration, Mediation is non-adjudicative. The Mediators are completely impartial. They do not have any decision-making authority, nor do they make suggestions. The parties are active in the process and work directly with the mediator and the other party to find a solution that satisfies their real interests. The cost associated with mediation is typically an hourly fee split evenly between the two parties.

- Who are the Mediators?

Mediators are certified neutral third parties, often with a background in law or economics that have formal training in dispute resolution. Personal skills are extremely important trait for mediators. They facilitate and manage the interaction between the parties. The mediator does not render a decision, and is considered independent, neutral, and impartial. He/she assists the parties in determining their true interests and needs in order to develop different option in coming to an agreement. They maintain confidentiality throughout the mediation process and thereafter.

- How Much Does Mediation Cost?

Mediation fees vary with the hourly rate of the mediators and the length of the mediation session. In addition, where mediators travel to distant locations, there may be costs to cover transportation, boarding, and meals for the mediator. In California, mediation costs are typically paid prior to the commencement of the mediation. The parties normally agree to split the mediation cost.

- Will I Need an Attorney?

Because the mediation process is designed to work directly with the parties involved, an attorney is not necessary. However, if a party feels more comfortable having an attorney present, they are permitted. Attorneys can play an active role in working with the parties to find a solution while still allow their clients to directly participate in the process. In cases where the dispute was brought to mediation through a court order, the attorneys must be present.

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