Adjudication generally refers to processes of decision making that involve a neutral third party with the authority to determine a binding resolution through some form of judgment or award. It can also take place outside the court system in the form of alternative dispute resolution processes such as arbitrationprivate judging, and mini-trials see ADR. However, court-based adjudication is usually significantly more formal than arbitration and other ADR processes. The development of the field of alternative dispute resolution has led many people to use the term adjudication to refer specifically to litigation or conflicts addressed in court.
Litigation is generally something people seek to avoid. Because litigation is so inefficient for most of us, alternative dispute resolution, such as arbitration and mediation, has become increasingly popular.
But before moving forward with possible alternative dispute resolutions, you should first know the difference between arbitration and mediation.
Arbitration and mediation are similar in that they are alternatives to traditional litigation, and sometimes they are used in conjunction with litigation opposing parties may first try to negotiate, and if that fails, move forward to trial.
Both arbitration and mediation employ a neutral third party to oversee the process, and they both can be binding.
However, it is common to employ mediation as a non-binding process and arbitration as a binding process. In simpler terms, binding arbitration replaces the trial process with the arbitration process.
Arbitration is generally conducted with a panel of multiple arbitrators who take on a role like that of a judge, make decisions about evidence and give written opinions which can be binding or non-binding. Although arbitration is sometimes conducted with one arbitrator, the most common procedure is for each side to select an arbitrator.
Then, those two arbitrators select a third arbitrator, at which point the dispute is presented to the three chosen arbitrators. Decisions are made by majority vote. Mediation, on the other hand, is generally conducted with a single mediator who does not judge the case but simply helps to facilitate discussion and eventual resolution of the dispute.
The Success of Mediation in Modern Litigation Mediation has enjoyed increasing popularity as an important part of the litigation process. For example, in Florida, almost all lawsuits are required to be mediated before a court will allow them to be put on the trial calendar.
The reasoning behind this requirement, according to the Florida senateis because mediation has proven effective in reducing court dockets and trials, and offers a more efficient, cost-effective option to litigation.
Mediation enjoys such high success rates because the parties are brought together in an environment where they can freely and confidentially present their position in front of a neutral third party.
Mediation attempts to limit the issues and put them into proper perspective. The neutrality and more relaxed atmosphere of mediation may eliminate the desire to continue hostile litigation once both parties have seen all the issues in a fair light.
Mediation can be used for any kind of dispute; there is no need to wait until a dispute results in a lawsuit and is sent to mediation by a judge.
Pre-lawsuit mediation is becoming more widely accepted as a sensible way of resolving disputes before they turn into litigation. Besides being confidential and non-binding, mediation is relatively quick and inexpensive compared to litigating a dispute.
When the parties come to an eventual agreement, the parties themselves will put the agreement in writing and sign it so that it then becomes a binding contract. Pre-Mediation Contracts If you want to mediate a dispute, you and the opposing party should enter into a pre-mediation contract.
This simple contract should include the following: The mediation should be confidential and non-binding. The parties should agree on who will conduct the mediation and how the mediator will be paid. The cost of the mediator is typically split between the two parties.
The parties should agree on the length of the mediation. Most mediation is scheduled for either a half-day or a full day. The parties should agree to mediate in good faith until either party reasonably determines that it is fruitless to continue.
If the parties cannot reach an agreement, the mediation will result in what is known as an impasse. Where Should You Begin? If two or more parties have a dispute that they think may be appropriate for mediation, they may contact an attorney to advise them on the benefits of mediation versus litigation, and to help them locate a mediator.
If the parties like to mediate on their own without the help of attorneys, then they should contact their state bar association who will have a list of mediators to contact for an appointment. Mediation is a less hostile, less confrontational format for resolving disputes, where parties attempt to resolve their differences between themselves rather than relying on an inefficient, expensive, and time-consuming judicial system.
Before your litigation advances, work with your attorney to determine if mediation is right for your case.Methods of Dispute Resolution From the beginning of civilization and organized society negotiations have occurred to solve disputes. If negotiation between the parties failed to resolve the dispute methods of alternative dispute resolution (ADR) have been developed involving a third party to resolve disputes.
Types of ADR. The most common types of ADR for civil cases are mediation, settlement conferences, neutral evaluation, and arbitration.
Read more about these ADR processes, when they may or may not be appropriate or watch a video demonstration. Management, Two-Stage Discovery Planning and Alternative Dispute Resolution, 37 RUTGERS L. REv. , () (endorsing various methods of ADR each of which "assist in the resolution of a case short of a full trial on the merits").
There are a lot of different types of alternative dispute resolution (ADR), and sometimes different names are used for similar processes. This can be confusing, but remember that it does not really matter what the process is called as long as it helps to sort out the problem in an appropriate way.
Mediation is presently the most popular form of ADR in use by agencies in employment-related disputes. Mediation is the intervention in a dispute or negotiation of an acceptable impartial and neutral third party, who has no decision-making authority.
What is Alternative Dispute Resolution (ADR)? ADR is a term used to describe several different methods of resolving legal disputes without going to court. The rising cost of litigation is making traditional lawsuits impractical for many individuals and businesses.