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Cornell Library at Vermont Law & Graduate School

Alternative Dispute Resolution (ADR)

Research materials for ADR including arbitration, mediation, and other strategies.

ADR Overview

Alternative Dispute Resolution (ADR)

Definition: Any procedure for settling a dispute by means other than litigation, as by arbitration or mediation. Also termed dispute resolution; appropriate dispute resolution; assisted dispute resolution. Black's Law Dictionary, 12th ed. 2024, Thomson Reuters

 

Main forms of ADRA diverse group of clients and arbitrators gather at a table to resolve their disputes

Arbitration is a dispute-resolution process used as an alternative to formal court proceedings, in which parties choose a neutral third party to resolve the dispute by making a final and binding decision. Title 9 of the United States Code, Arbitration, is codified and enacted into positive law and may be cited as '9 U.S.C. § __'.

Primary and secondary arbitration materials:

Mediation, unlike arbitration, is a nonbinding method of dispute resolution in which a neutral third party works with disputing parties to reach a mutually-agreeable resolution.

Uniform Mediation Act

Primary and secondary mediation materials:

Additional ADR resources

 

Other forms of ADR

Collaborative Law: a newer type of alternative dispute resolution that mainly arises in divorce and family law. (Legal Information Institute)

Dispute Review Boards: Most commonly used in the construction industry, dispute review boards are appointed at the start of a project before disputes arise, and often visit project sites on a regular schedule to proactively address potential disagreements.

Early Neutral Evaluation: An informal process in which a third-party evaluator provides a non-binding evaluation of the matters in controversy, assists the parties in identifying areas of agreement, offers case planning suggestions, and assists in settlement discussions. - Early neutral evaluation, Trial Handbook for South Carolina Lawyers § 39:6 (5th ed.)

Mini Trials: An ADR method with attorneys on each side presenting their case as they would at an actual trial. Minitrials are private, voluntary events attended by representatives from each side who have authority to settle . (Legal Information Institute)

Private Judging: a type of alternative dispute resolution whereby the parties hire a private individual to hear and decide a case. This process may occur as a matter of contract between the parties or in connection with a statute authorizing such a process. (Black's Law Dictionary 12th ed. 2024)

Settlement Counsel: attorneys who specialize in the negotiation of settlements to a claim or lawsuit, while trial counsel may pursue litigation strategies in parallel with settlement negotiations.

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