What is Alternative Dispute Resolution?

Alternative Dispute Resolution (ADR) programs allow the parties in a dispute to fashion a tailored process for resolving their respective claims in lieu of federal or state court litigation. ADR is voluntary and decisions are enforceable as a matter of contract law. The flexibility of ADR allows the parties choices concerning legal representation, decision makers, costs and procedures.

ADR provides a framework in which the parties can represent themselves and serve as their own advocates. Parties may choose representation by non-lawyers. ADR also supports representation by Counsel.

ADR allows the parties to select their decision makers. Selection of qualified mediators and arbitrators is particularly important in technology disputes where an understanding of the technology is critical to framing an effective resolution. ADR allows lawyers and non-lawyers alike to serve as mediators and arbitrators.

ADR can be considerably more cost effective than litigation. Where the parties agree to abbreviated procedures for developing and presenting their case, these savings can be substantial.

ADR can also be structured to increase the integrity of the final decision. The parties can fashion a process calling for multiple decision-makers, full discovery, a written opinion and the right of appeal. This flexibility allows the parties to fashion a tailored judicial process designed to address their dispute resolution needs.