Alternative Dispute Resolution (Adr)

Phase 2 Individual Project

Nykia Williams

CJUS620: Court Services Management

August 31, 2015

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) is the general name given to a variety of procedures available to parties in civil cases to resolve their disputes before a formal trial (What is ADR?, 2015). There are four main types of Alternative Dispute Resolution (ADR).They are mediation, non-mediated settlement, summary jury trial or mini trial, and arbitration. Mediation involves someone who is neutral in the situation. They are in place to help come to an agreement between the individuals who are having the issue. The Mediator is in place to help resolve cases while helping them learn to evaluate things. This ADR is ordered by the court most of the time.

Non-mediated settlement is when individuals negotiate their issues without the help of the third party mediator. Unlike the mediation ADR, this type is not ordered by the court and a little more private. The settlement agreement might become a public record if one of the parties is a public entity or the agreement is submitted to the court for approval or enforcement. Private settlement agreements are rarely given to a court for approval unless a state statute requires it (Non-mediated settlement, 2015). Summary jury trial or mini trial is a ADR that gives individuals the opportunity to present their case to a judge or jury.

The judge or jury will issue a non-binding opinion or verdict. The decision is then used to give the individuals to discuss their settlements. This helps to give an insight as to what others think about the evidence and what could potentially happen during a real trail. The last ADR type is known as arbitration. During arbitration, a group of individuals form a panel to make a final decision of a case. This is very similar to a real case because arguments are done from both sides. The only difference is that the rule of evidence does not apply and the...