CHAPTER 3Arbitration/Alternative Dispute Resolution

Alternative dispute resolution (ADR) is any method of dispute resolution used in lieu of formal arbitration proceedings such as court litigation or administrative proceedings. ADR is classified into the following subtypes: (a) negotiation, (b) mediation, (c) arbitration. and (d) mini-trial. The following provides a brief description of each:

(a) The parties may elect to engage in negotiations where participation is voluntary, and where a mediator is not present to facilitate the resolution process or enforce a resolution.

(b) A third party called the mediator facilitates the resolution process. The mediator may suggest a non-binding resolution. This is commonly referred to as a mediator’s proposal. ...

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