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| "Mediation empowers people to resolve
legal problems on a personal, human level using creativity
and common sense. It is faster, cheaper, and more satisfying
than litigation, and it works!" — Jim
Duffy, Esq. |
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| What is ADR? |
Alternative
Dispute Resolution, Also known as "ADR"; methods
by which legal conflicts and disputes are resolved privately and
other than through litigation in the public courts, usually through
one of two forms: mediation or arbitration.
It typically involves a process much less formal than the traditional
court process and includes the appointment of a third-party to preside
over a hearing between the parties.
The advantages of ADR are speed and money: it costs less and is quicker
than court litigation. ADR forums are also private. The disadvantage
is that it often involves compromise. —Source: Duhaime's
Law Dictionary. |
Note: The below material is taken
from: "A
GUIDE TO COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION SERVICES" Prepared
by the Massachusetts Supreme Judicial Court/Trial Court Standing
Committee on Dispute Resolution in cooperation with the SJC
Public Information Office.
For additional detailed information consult the links under "For
More Information" at the bottom of this page. |
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| What is Arbitration? |
Arbitration is a process in which the parties
select a neutral person (an arbitrator) or a panel of three arbitrators.
The arbitrator renders a binding decision at the request of the
parties after hearing arguments and reviewing the evidence.
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| What is Mediation? |
Mediation is a voluntary, confidential process
in which a neutral person (a mediator) assists disputing parties
in identifying and discussing issues of concern, exploring various
solutions and developing a settlement that is mutually acceptable
to them.
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| What is a Mini-Trial |
Mini-trial is a two-step process to facilitate
settlement. In the first step, the attorneys for each party present
to a neutral in the presence of individuals with decision-making
authority for each party a summary of the evidence and arguments
they expect to offer at trial.
Then, the individuals with decision making authority meet with or
without the neutral to discuss settlement of the case. If settlement
is not reached, the neutral may offer, as a further aid to settlement,
a prediction of the likely outcome if the case goes to trial.
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| User's Guide |
Our new User's Guide explains
ADR in detail. The guide is available in Adobe PDF format.
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| For More Information |
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