 Alternative Dispute Resolution & Mediation
 What is alternative dispute resolution (ADR)?- Are there different types of ADR?
- What is mediation?
- When do parties go to mediation, and why do they choose to do so?
- What does the mediator do?
- The mediator’s job does not sound hard. Can anyone do it?
- How does a party go to mediation?
- What is arbitration?
- What is a summary jury trial?
1. What is alternative dispute resolution (ADR)?
ADR is a term applied to various methods of seeking to resolve claims outside the usual litigation process. Typically, a lawsuit is resolved by a judge or jury at a trial. The goal of ADR is to eliminate the need for a full jury trial in a way that is less time-consuming and more cost-effective.
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2. Are there different types of ADR?
Yes. The most commonly used form of ADR is mediation. Other forms of ADR include arbitration (which can be either binding or nonbinding) and summary jury trials.
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3. What is mediation?
Mediation is a structured settlement negotiation process that is moderated by a neutral person called, sensibly enough, a mediator. Mediation is an effective way of getting all the necessary parties in the same place at the same time, with the common goal of working out a compromise. It succeeds or fails almost entirely on the willingness or unwillingness of the parties to come to a voluntary agreement. If an agreement is reached, it becomes binding and ends the dispute. If no agreement is reached, the case goes forward in the litigation process.
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4. When do parties go to mediation, and why do they choose to do so?
Parties can choose to mediate their dispute at just about any time, which means before filing suit, after filing suit but before trial, or even after trial if there is likely to be an appeal. The primary reason to mediate is the uncertainty of litigation. In other words, no matter how strong you think your case is, there is a chance you will lose, or else recover less than you think you ought to recover. In many cases, it is preferable, and the parties recognize that it is preferable, to work out a compromise. Mediation has proven to be an efficient way to achieve the goal of compromising a claim.
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5. What does the mediator do?
Typically at a mediation, the plaintiffs and their lawyers are in one room, and the defendants and their lawyers are in another room. The mediator engages in what can be called shuttle diplomacy, going back and forth between the rooms conveying information and settlement offers. Over the course of several hours (and sometimes more than one day), the parties gradually move toward a number that both sides can accept.
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6. The mediator’s job does not sound hard. Can anyone do it?
No. Mediators in Georgia are required to have gone through training to become certified to conduct court ordered meditations. In fact, a skilled mediator is a very valuable part of the negotiation process because he or she can persuasively point out flaws or weaknesses in each party’s position, which ought to make everyone more willing to compromise. As an objective and neutral observer, the mediator’s views theoretically carry more weight with the parties than arguments made by the other side.
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7. How does a party go to mediation?
The parties can all agree to attend a voluntary private mediation, in which case they share the cost of the mediator. (Mediators, by and large being experienced lawyers, command fees of $300-400 per hour or more.) Sometimes the trial judge will order the parties to mediation, and in some counties (such as Fulton) there are low cost or no cost alternatives to private mediation.
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8. What is arbitration?
Arbitration is a streamlined, and therefore theoretically efficient and cost-effective, approach to resolving a case. Unlike a mediation, in which the parties negotiate toward a voluntary compromise, arbitration involves presenting the dispute to neutral arbitrators who hear the evidence and decide the case, much as a jury would. The difference is that arbitration is usually a less formal procedure that ought to take less time and money to reach a resolution. In some cases, the parties can choose to arbitrate a case that would otherwise go to trial, and in some cases it may be ordered by the court. Also, many contracts now provide that the parties must arbitrate any dispute.
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9. What is a summary jury trial?
A summary jury trial is a very streamlined courtroom procedure in which the lawyers on both sides of a dispute tell a jury about the relevant facts of the case, but without the testimony of witnesses. It can reduce the length of a trial from weeks to a day or two. In 1995, Mr. Harris was among the first lawyers in Fulton County, Georgia to conduct a SJT.
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