Disputes may involve a former spouse, business owner, employee, or neighbor. Disputes come in all types, sizes and intensities, and can involve lengthy and expensive court battles.

Alternative dispute resolution, commonly called ADR, is one way to settle disputes without a formal court trial. Generally, ADR is less time-consuming and more cost-effective, making it attractive to a variety of individuals and organizations.

While ADR methods can include mediation, arbitration, collaborative law, a private judge and pre-trial settlement conference, the two most common methods used in Illinois are mediation and arbitration.

ADR facts you should know include:

• ADR is a confidential process in which an impartial third party called a mediator or arbitrator acts to facilitate the resolution of the parties’ dispute. It is a formal, non-adversarial process with the objective being to help the parties reach a mutually-accessible agreement on all or part of their dispute.
• Decision-making rests with the parties, not with the mediator or arbitrator. The mediator or arbitrator will not render an opinion or decision. They make no finding of fault or liability and cannot impose a decision on the parties. Rather, they help guide the issues of the dispute and assist the parties in exploring settlement alternatives and reassess their goals.
• Mediators and Arbitrators are neutral third parties selected by the disputing parties. A mediator or arbitrator may be an attorney, retired judge or other individual with specific experience or training in a particular professional field. Some court systems have mediators who are certified in a particular type of law.
• Lawyers may also play a role to the parties involved. They can assist a party in choosing the most appropriate ADR method and in understanding the procedures and preparation necessary to mediate or arbitrate the dispute. They can also guide and represent you through any method of ADR.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.