Alternative dispute resolution

Alternative dispute resolution (ADR) comprises processes for resolving disputes without formal court litigation, including negotiation, mediation, and arbitration.

Negotiation: A process in which parties communicate directly to seek agreement on a dispute. Parties retain control of both the process and any settlement.
Civil litigation: The process of resolving civil disputes through a court system. It is the formal judicial route ADR is designed to avoid or replace.
Labor arbitration: Arbitration used to resolve disputes arising under collective bargaining agreements. It is a long-established form of ADR between employers and labor unions.
Confidentiality: A duty or practice of restricting disclosure of specified information. Private ADR can protect sensitive negotiations, though confidentiality is not automatic.
Settlement agreement: A contract in which parties resolve a dispute by accepting agreed terms. Negotiation and mediation commonly produce this binding form of resolution.
Mediation: A neutral third party helps disputing parties communicate and explore a voluntary agreement. A mediator facilitates settlement but does not decide the dispute.
Trial: A formal court proceeding in which evidence and arguments are presented for a decision. Trials place decision-making with a judge or jury rather than the parties.
Family mediation: Mediation addressing family disputes such as parenting arrangements and separation. It applies facilitated agreement to decisions that may continue after a dispute ends.
Enforceability: The capacity of a legal obligation or decision to be upheld through legal processes. It determines whether settlements and arbitral decisions can be carried out as promised.
Arbitration agreement: An agreement to submit specified disputes to arbitration instead of court litigation. It supplies the parties’ consent and defines the arbitrator’s authority.

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