Introduction to Law: Alternative Dispute Resolution

settlement week

A court suspends normal trial activity and, aided by volunteer mediators, sends numerous cases that are ready for trial to mediation sessions held at the courthouse. Cases unresolved during settlement week are returned to the court's regular docket for fourth pretrial proceedings as needed.

arbitration

A form of alternative dispute resolution in which an arbitrator (a neutral decision maker) issues a judgement on the legal issues involved in a case, after listening to presentations by each party. Arbitration can be binding or nonbinding, depending on the agreement among the parties before the proceeding.

collaborative practice

A litigation-free way of settling disputes in which two parties, with their own attorneys, agree in writing to settle their dispute without using court action. Parties voluntarily exchange information, identify interests, and develop options for solution that satisfies each party's highest priorities.

neutral evaluation

A neutral person with subject-matter expertise hears abbreviated arguments, reviews the strengths and weaknesses of each side's case, and offers an evaluation of likely court outcomes in an effort to promote settlement. The neutral evaluator may also provide case planning guidance and settlement assistance with the parties consent.

conciliation

A process in which a neutral assists parties to settle a case by clarifying the issues and assessing the strengths and weaknesses of each side of the case. If the case does not settle, the conciliator may explore the steps to prepare the case for trial.

case evaluation

A process in which the parties or their attorney's present a summary of their cases to a neutral who renders a non-binding opinion of the settlement value or the likely outcome if the case is adjudicated.

summary jury trials (SJT)

Each side presents its case in a shortened form to a jury. The jury then makes a decision, which is advisory only, unless the parties request that it by a binding decision. A summary jury trial gives parties a preview of a potential verdict should the case go to trial. Summary jury trials are available in limited jurisdictions.

early neutral evaluation

Each side presents its case to an experienced, impartial attorney (a neutral evaluator) who has expertise in the subject matter of the dispute. The neutral evaluator gives a nonbinding assessment of the value or merits of the case. If the parties wish, the evaluator may also help them with settlement discussions.

collaborative family law

Gives divorcing couples a way to end their marriage respectfully, without going to court, while offering them the support, guidance, and protection of their own, specially-trained lawyers. If either spouse decides to go to court, both spouses must hire new lawyers. This motivates everyone involved to continue working toward a mutually agreeable resolution. Collaborative Family Law may also involve other professionals. Collaborative Family Law may not be appropriate for couples with a history or fear of domestic violence, or where one spouse cannot locate the other.

binding arbitration

Parties agree to accept the arbitrator's decision as final, and there is generally no right to appeal.

non-binding arbitration

Parties may request a trial if they do not accept the arbitrator's decision.

mediation

The alternative dispute resolution method most commonly used in district courts. Mediation is an informal process in which a mediator facilitates negotiations between the parties to help them resolve their dispute.

summary jury and summary bench trials

These formal procedures occur late in the case whereby the parties' lawyers present their case in summary form with no witnesses. In a summary jury trial the case is presented to a jury, and in a summary bench trial the case is presented to a judge. After the presentation, the jury or judge delivers a nonbinding advisory verdict, which the parties may choose to accept, reject, or use as a basis for settlement negotiations.