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Massachusetts Dispute Resolution Services Alternative Dispute Resolution ADR
Mediation Arbitation
"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.

 
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.
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.


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.


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.


User's Guide

Our new User's Guide explains ADR in detail. The guide is available in Adobe PDF format.

For More Information

 


 
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