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Alternative Dispute Resolution (ADR)
Sohaib I. Awan is licensed to practice law in the District of Columbia
 When disputes arise between individuals, the most common response is legal action. In our "litigation-frenzied" society, many often believe the only resource in conflict resolution is the lawsuit. Sue or be sued…a common mantra of the day. Alternative dispute resolution provides a viable alternative to the cost-prohibitive and emotionally draining realm of
litigation.
Alternative dispute resolution allows for three primary roads to resolution:
- Mediation
Mediation is a non-binding form of alternative dispute resolution. An independent mediator helps the disputing parties try to render a mutually acceptable settlement. Utilizing rules established by the parties, the mediator works with both sides in assessing facts and evaluating concerns. In sum, the mediator acts as a neutral voice in an effort to resolve the parties' contentions.
- Arbitration
Arbitration, unlike mediation, is a binding form of alternative dispute resolution. Arbitration involves parties submitting their disputes to an independent third party. The independent third party, known as the arbitrator, functions much like a judge. The rules of evaluation are set by the parties or the arbitrator. The arbitrator takes these rules, listens to the facts, and renders a final binding judgment.
- Binding Mediation
Binding Mediation is melding of mediation and arbitration. The parties start by attempting to resolve their dispute through mediation. If the parties reach a satisfactory conclusion, the mediator's job is complete. However, if the parties cannot reach a satisfactory conclusion, the mediator becomes an arbitrator. He or she then renders binding judgment based on the facts and rules set by both parties.
Alternative dispute resolution allows parties to avoid litigation and to actively participate as individuals in the decision-making process. Furthermore, parties can set the binding rules and guidelines to be utilized by the mediator or arbitrator. Alternative dispute resolution allows for cultural, ideological, and religious beliefs/traditions to serve as guideposts for conflict evaluation and decision-making.
Please note: The individual serving as mediator is a neutral, independent third party. A mediator selected to conduct mediation may encourage and assist the parties in reaching a settlement of their dispute. However, the individual serving as mediator is not working as an advocate, adversary, or attorney.
Similarly, the arbitrator is serving as a neutral judge in all arbitration proceedings. Utilizing the rules set forth by the parties, the arbitrator will render verdicts based solely on the party-established rules and facts of the individual case. The individual serving as arbitrator is not working as an advocate, adversary, or attorney.
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