Alternative dispute resolution

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Alternative Dispute Resolution (pronounced: al-ter-na-tive dis-pute res-o-lu-tion), often abbreviated as ADR, is a term used to describe several different methods of resolving disputes outside traditional legal and administrative forums. These philosophically similar methodologies, which include various types of arbitration and mediation, have surged in popularity in recent years because they not only reduce the time and costs associated with litigation, but also increase control over the process and the outcome by the parties involved.

Etymology

The term "Alternative Dispute Resolution" originates from the English language. The word "alternative" is derived from the Latin "alternativus", which means "one after the other". The word "dispute" comes from the Old French "desputer", which means "to argue or debate". The word "resolution" is derived from the Latin "resolutionem", which means "a process of reducing things into simpler forms".

Types of Alternative Dispute Resolution

There are several types of Alternative Dispute Resolution, including:

  • Mediation - A process in which a neutral third party, the mediator, assists the disputing parties in reaching a mutually acceptable resolution. The mediator does not have the power to impose a decision on the parties.
  • Arbitration - A process in which a neutral third party, the arbitrator, hears arguments and evidence from the parties and then makes a decision. Arbitration can be binding (the parties must abide by the arbitrator's decision and it can be enforced as a court judgment) or non-binding (the parties can reject the arbitrator's decision and proceed to court).
  • Conciliation - A process similar to mediation, but the conciliator can propose a resolution.
  • Negotiation - A process in which the parties work together to reach a resolution.

Related Terms

  • Conflict resolution - The methods and processes involved in facilitating the peaceful ending of conflict and retribution.
  • Restorative justice - A system of criminal justice which focuses on the rehabilitation of offenders through reconciliation with victims and the community at large.

See Also

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