John BakerOct. 15, 2009PA 700-01

What is Alternative What is Alternative Dispute Resolution?Dispute Resolution?

Quite simply, ADR is any process that resolves conflicts by means other than litigation. This includes:

Mediation

Arbitration

Direct Negotiation

“Collaborative Law”

Why use ADR?Why use ADR?

Faster than going through court system

Cheaper than going through legal process

Participants have more control over the process

Issues more flexible

Mediation vs. Mediation vs. ArbitrationArbitration

Mediation

The parties themselves determine the conditions of any settlement reached.

Usually facilitated or “mediated” by third party, who plays referee role.

Arbitration

Parties refer to persons or panel, who decides case based on evidence provided.

Can often be legally binding

US Air ForceUS Air Force

ADR required in contract disputesIn 2000, referred 30 cases to ADR process, 29 solved

$1.15 million saved in interest by getting issue resolved quickly

Employee RelationsEmployee Relations

USPS: “UMP” program: Team of manager and union representative solve problems at lowest-possible level.

More controversial: Binding Arbitration

Used by companies to dismay of consumers, but also by about 25 local governments to resolve contract issues, usually related to public safety employee contracts.

San Mateo San Mateo CountyCounty

Contract with Peninsula Conflict Resolution Center:

Barking Dogs

Bad Fences/Bad Neighbors

High-Speed Rail

Pacific Islander Relations

ChallengesChallenges

Can there truly be an impartial mediator?

Ethics prevents “dual role,” such as mediator, and legal adviser of

therapist

Some lawyers don’t like Some lawyers don’t like ADRADR

ADR = “Alarming Drop in Revenue”Some attorneys fear losing control and/or not comfortable in non-

adversarial process

The FutureThe Future

ADR will likely continue to thrive because:

“Win-win”

Saves time

Saves Money

Wilsonian efficicency