The types of Alternative Dispute Resolution (ADR) below are explained in very simple terms. The idea here is to give basic information so that you are more informed and able to proceed in the manner you choose with your case. Once you have decided on an ADR method you may want to use, it is important to find out as many facts as possible about that ADR method. There are many factors that make each person’s case unique in the final analysis.  Therefore, it is very important to decide which way may be better for you in solving a dispute. This can depend on the length of time you have been doing business or been friends with the other side. Also, do you want to continue in a friendly manner either doing business or remaining friends with the opposite side? Many times when working through a neutral third party you can build relationships versus abandoning them. Regardless of the dispute, we as individuals are all connected. The more we can work together, versus being at odds with each other, the better our lives will be.  

This website is dedicated mainly to mediation but we feel it is important to inform readers that there are various alternatives to choose from.

Please read, enjoy and if you have any questions please don’t hesitate to email us.

Arbitration: This type of alternative dispute resolution (ADR) allows opposing parties to come together and tell each party’s side of the dispute and present all of the facts and information. Once both sides of the dispute have been heard by the arbitrator (neutral third person) he/she will present a decision as to what will be done. There is no input by the parties as to the final resolution/decision.  Arbitration is not recorded in public records and may or may not be recorded in legal records. Most of the time arbitration is binding.

Case Evaluation: Case evaluation is a non-binding process in which parties in a dispute present the facts and the issues to be determined to a neutral Case Evaluator. The Case Evaluator confidentially advises each of the parties on the strengths and weaknesses of their positions. The parties may then use this feedback to help reach a mutually agreeable resolution.

Mediation: This type of alternative dispute resolution (ADR) allows opposing parties to come together; tell each party’s side of the dispute and the mediator (neutral third party) helps bring about a resolution/agreement that is determined by the disputing parties. The mediator brings the disputants together by discussion and negotiation of the dispute.  The disputants then form an agreement as to the best way to proceed to solve the dispute. The final outcome is not recorded either publicly or in legal records but only for the disputants; mediation is confidential.

Ombudsman: An ombudsman is a neutral third party usually selected and used by an institution, (i.e. university, hospital or governmental agency), to investigate complaints by employees, clients, patients or others connected to the institution. When a complaint is made, the ombudsman will talk with each side to discover a solution. In these situations, the disputing parties are rarely brought together for discussion. The ombudsman works within the institution and investigates the complaints independently and impartially and then will come to a solution or the complaint will be dropped. This process is voluntary, private and non-binding.

Small Claims Court: This is not an alternative dispute resolution. However, it is mentioned here so the reader knows there is such an alternative they can proceed with by themselves. The party filing a complaint (plaintiff) does not need a lawyer and can do all of the filing such as forms, serving the other side (defendant) and collecting the money if and when a judgment is awarded. Although this may seem like a lot of work or even confusing, there are guidelines on the website to help.

Small Claims Court is where a claim is filed to be heard in a court of law. The judge, after hearing both sides makes a decision. In many cases there will be a judgment for one side or the other. This judgment is recorded for the public to see on a public website. Also this judgment will go on someone’s credit for 7-10 years.