Frequently Asked Questions About ADR

Why Use ADR?

• ADR lets people speak for themselves and work together to find their own lasting solutions to their conflicts.
• The process is informal and flexible, with no formal rules of evidence or witnesses.
• ADR can help expedite resolution of issues in a manner acceptable to all parties.
• ADR can help parties resolve conflicts better by providing them a structured, positive environment to discuss differences and better understand each other's concerns, interests, and expectations.

If you have any questions regarding finding a resolution for your dispute, please feel free to contact our experienced Washington DC Dispute Resolution Lawyer today.

When Is ADR Most Likely To Be Useful?

• Tensions, emotions, or transaction costs are running high;
• Communication between the parties has broken down;
• Multiple issues have to be resolved;
• The parties want or need to maintain some ongoing relationship;
• There is no need to establish precedent and there is no single "right" solution that is required;
• Time is a major factor;
• Failure to agree does not clearly benefit one or more parties; or
• Issues are complex and individual parties have an interest in maintaining confidentiality with respect to key issues.

What Is Mediation?

Mediation -- the ADR process most often used -- is a voluntary, informal process in which a trained neutral (the “mediator”) works with parties to help them reach resolution.

The mediator, who has no stake in the outcome and no power to make decisions, uses consensus-building skills and knowledge of negotiation to help parties find solutions. The mediator focuses the attention of the parties upon their needs and interests rather than on their stated positions.

Mediation gives parties an opportunity to discuss issues, clear up misunderstandings, be creative, find areas of agreement, and reach a final resolution of the issues.

How Does Mediation Work?

The neutral mediator guides parties through an informal process to resolve their issues.
The mediator helps parties work together to reach an agreement that meets their needs without necessarily conforming slavishly to their original positions.

The mediator will usually start the mediation session by giving each party an opportunity to explain the issues. Often, the mediator will meet privately with each party (where they are more likely to speak more freely) to understand the parties' situations better and explore and assess options.

The mediator may ask questions that will aid parties in assessing the merits of their positions, help them converse in an atmosphere free of name calling and posturing, identify potential settlement options, float trial balloons, and probe participants’ realistic alternatives.

The mediator’s role may shift gradually during the session. A skilled mediator will initially begin to instill an atmosphere of reasonableness and build the parties' trust in the mediator and in their ability to work together. S/he may use these and later sessions to let parties "let off steam" before moving on to more productive talks.

The mediator will also help parties see the dispute from the other party's perspective, and help them generate and evaluate possible solutions. Some mediators explore hypothetical solutions separately with each side, helping them generate alternatives and explore promising options without revealing confidential information. S/he may seek to stimulate momentum to settle, narrow differences, and help parties build on areas of agreement.

Near the process’s conclusion, the mediator may help parties to draft a document spelling out the terms of any agreement. Even when mediation does not end in a written agreement resolving all of the issues, the process still can be useful by helping to eliminate points in dispute and improve parties’ communication level and understanding of their situation.

Many mediators operate much like an interpreter, easing communication between people who do not speak a common language. By listening carefully and shaping messages in order to transmit the views of persons with vastly different views and styles of persuasion, a mediator can help parties to make their cases in the most convincing way. For example, a mediator may listen to a message that is not being "heard" by a party and, without changing the intent, communicate it in a manner that the other understands as a positive suggestion and perceives to be more acceptable--in other words, reducing "heat" while increasing "light".

The mediator often can help the parties agree on realistic, objective standards (appraisals, precedents, or methodologies) by which to judge the merits of their claims. He or she can help the parties devise structures for reaching closure in the instant dispute, or future ones. If asked to do so, the mediator can even preview how an administrative judge or other authority might view the strengths and weaknesses of their positions. Such a well-timed dose of objectivity by an "agent of reality" may help the parties to bridge their gap.

If you have any questions regarding finding a resolution for your dispute, please feel free to contact our experienced Washington DC Dispute Resolution Lawyer today.

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