Alternative Dispute Resolution (ADR)

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

• Overview of collaborative law from the Collaborative Law Institute of Minnesota
• Introduction to Collaborative Divorce - requires Lexis login
• Judges love collaborative law—here’s why, ABA News, American Bar Association, July 2018

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.

• Dispute Boards overview, International Chamber of Commerce
• Dispute Boards: An Approach to the Efficient Resolution of Disputes in the Construction Sector, Albert Bates & Zach Torres-Fowler, ConstructLaw, November 24, 2020
• Dispute Review Boards: Key Issues, Recent Case Law, and Standard Agreements, Daniel D. McMillan & Robert A. Rubin, 25 Construction Law, 14 (Spring, 2005)

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.)

• Early Neutral Evaluation examples and practice guides (requires Westlaw login)
• Early Neutral Evaluation court rules (requires Lexis login)
• Early Neutral Evaluation and the Value of an Informed Second Opinion, Katherine D. Spitz, 97 Wis. Law. (2024)
• Report Card on ENE: Early Neutral Evaluation in the Vermont Federal District Court, John Fitzhugh, 24 Vt. B.J. & L. Dig. (1998)

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)

• Overview of minitrial regulations, rules, cases, and secondary sources (Westlaw login required)
• Overview of minitrial statutes, secondary materials, administrative materials, and news (Lexis login required)
• Growth of the Mini Trial, Eric D. Green, Litigation, Vol. 9, No. 1, TRENDS, Fall 1982, pp. 12-19, 59-60
• Mini-Trials - An Alternative to Litigation, J E Henry, Negotiation Journal Volume: 1 Issue: 1, January 1985, pp. 13-17

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)

• Overview of private judging statutes, cases, and secondary sources (Westlaw login required)
• Private Judging: An Effective and Efficient Alternative to the Traditional Court System, J E Longsworth, Valparaiso University Law Review Volume: 21 Issue: 3, Spring 1987, pp. 681-718

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.

• Advice and Settlement Counsel Project from Ontario's Family Law Limited Scope Services Project
• A Mediator–ish Role: “Settlement Counsel”, Donald L. Swanson, American Bankruptcy Institute, accessed April 24, 2025
• Case Studies in Settlement Counsel: Best Practices for Litigation Exit Strategies, Dan Churay, Frank M. Bedell, Eric O. English, J. Patrick O’Malley, Litigation and Dispute Resolution, 01 October, 2015