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The term alternative dispute resolution (ADR) means any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation.
Negotiation is perhaps the simplest and most straightforward type of alternative dispute resolution. The disputing parties meet with one another to identify concerns, explore options, and seek a solution they can agree on. No one else acts as a neutral third party to help them negotiate.
Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution. Negotiation is much less formal than other types of ADRs and allows for a lot of flexibility.
Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings. ADR often saves money and speeds settlement.
Know What You're Asking For. ... Determine What the Disagreements Are. ... Schedule the Mediation Session Thoughtfully. ... Make Sure You Have What You Need. ... Make Sure the Other Side Has Someone Present With the Authority to Settle the Case. ... Know What Your Absolutes Are, and Know Where You Can Compromise. ... Use a Caucus.