Glossary
Alternative dispute resolution (ADR)
Any way of resolving disputes outside of formal court litigation. The two most common forms are mediation (facilitated negotiation) and arbitration (private adjudication).
ADR exists because litigation is expensive, slow, public, and stressful. ADR processes can be faster, cheaper, more flexible, and often more private than court.
Different forms of ADR fit different situations. Mediation works when the parties want to control the outcome themselves. Arbitration works when they want a binding decision but want it faster than a court can deliver. Other forms include early neutral evaluation, mini-trials, and ombudsmen.
Many courts now require some form of ADR before allowing a case to proceed to trial: partly to clear backlogs, partly because most cases really do settle better with a structured process than with pure litigation pressure.