Board of Legal SpecializationPractice Exam

The primary methods used in alternative dispute resolution (ADR) are arbitration and mediation. Both of these processes offer parties involved in a dispute the opportunity to resolve their issues without going through the traditional court system.

Arbitration involves a neutral third party, known as an arbitrator, who listens to the arguments from both sides and makes a binding decision. This approach is often more formal than mediation but still allows for greater flexibility and reduced time compared to litigation.

Mediation, on the other hand, involves a neutral mediator who facilitates discussion between the parties to help them reach a mutually acceptable resolution. Unlike an arbitrator, a mediator does not impose a decision, allowing the parties to maintain control over the outcome of their dispute.

These methods are central to ADR as they typically offer a more efficient, cost-effective, and less adversarial path to resolving conflicts when compared to traditional litigation.