Alternative Dispute Resolution
Mediation and arbitration resolve millions of disputes every year — faster, cheaper, and more privately than litigation. Learn how ADR works and whether it's right for your situation.
Learn About Your ADR Options →Understanding your legal situation is the first step to protecting your rights and getting fair compensation.
In mediation, a neutral third-party mediator facilitates negotiation between the parties — but makes no binding decision. Mediation is voluntary (except when court-ordered), confidential, and preserves the parties' control over the outcome. A settlement can only happen if both parties agree. Mediation is ideal for disputes where preserving the relationship matters, where the parties want privacy, or where litigation costs are disproportionate to the amount in dispute. Mediators are used in commercial, employment, family, real estate, and consumer disputes.
Arbitration is a private adjudication in which a neutral arbitrator (or panel) hears evidence and issues a binding award. Unlike mediation, arbitration produces a winner and a loser. The arbitrator's award is enforceable in court and typically subject only to very narrow grounds for appeal. Binding arbitration clauses appear in consumer contracts, employment agreements, financial services agreements, and construction contracts — often requiring arbitration instead of court proceedings. Major arbitration providers include the American Arbitration Association (AAA), JAMS, and the International Chamber of Commerce (ICC).
ADR is most effective when speed, cost, and confidentiality are priorities; when the parties have an ongoing relationship; or when the dispute is better resolved by an industry expert than a generalist judge. ADR may not be appropriate for disputes involving criminal conduct, domestic violence, or when a party seeks a public record of wrongdoing. Courts increasingly require ADR before trial in civil cases. An ADR attorney or neutral can evaluate your dispute and recommend the process best suited to your goals.
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