What is ADR? | New York State Dispute Resolution Association

What is ADR?

Alternative dispute resolution (ADR) is a variety of processes, such as mediation or arbitration, that help parties resolve disputes without a trial.

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Mediation Overview

The Spectrum of Dispute Resolution

MEDIATION

Mediation is a voluntary, confidential process facilitated by a trained mediator. The mediator facilitates a conversation with two or more people to help resolve a dispute and develop a mutually acceptable solution.

ARBITRATION

Arbitration is the out-of-court resolution of a dispute where the third party (the arbitrator) hears evidence and renders a decision. The decision can be binding or non-binding.

Benefits of Dispute Resolution

Alternative dispute resolution (ADR) gives parties in dispute the opportunity to work through conflict with the help of a neutral third party. Parties are empowered, more involved in the outcome, and the process is generally faster and far less expensive than a typical court proceeding.

How do I know which method is right for my situation?

When you contact a provider or CDRC, they will help determine which dispute resolution provider would be ideal for your situation.

Process Definitions

Arbitration

Arbitration is a formal proceeding that uses one or more neutral third parties to listen to evidence and render a decision. The decision may be binding or non-binding.

Cociliation

Cociliation is the use of a third person who is asked to help people reach an amicable resolution of their dispute. The conciliator does not have the authority to impose a settlement, and usually speaks with the parties separately.

Consensus Building

Consensus building is a process of negotiation that crafts an outcome to which all participants can agree. In tailoring the agreement, participants seek to resolve or mitigate objections of the minority to achieve the most agreeable decision. Consensus is usually defined as meaning both general agreement, and the process of getting to such agreement.

Facilitation

Facilitation involves a neutral third party who helps members of a group to define and meet their goals, exchange ideas and information, solve a problem or hold effective meetings.