ADR Process Guide
What Is the Alternative Dispute Resolution Process?
There is no single ADR process. ADR describes several methods for resolving disputes outside or alongside ordinary litigation. What happens depends first on which type of ADR is used.
Quick answer
What Is the ADR Process?
- There is no single ADR process.
- ADR describes multiple methods for resolving disputes outside or alongside conventional litigation.
- In mediation, a neutral facilitates negotiation. In arbitration, an arbitrator considers submissions and may decide.
- A process can end in an agreement, a decision or a return to litigation, depending on the process.
Process map
Start With the Type of ADR
Flow from dispute to process selection (mediation, arbitration or other), preparation, session and outcome.
Dispute
Process selected
Mediation: neutral facilitates negotiation
Arbitration: arbitrator considers submissions and may decide
Other ADR process
Preparation
Session / hearing
Agreement, decision or return to litigation
Depending on the process
Process
Mediation
A neutral mediator helps the parties talk and negotiate. The mediator generally does not impose the substantive result. Any agreement comes from the parties. California Courts explains mediation.
Process
Arbitration
An arbitrator reviews submissions and may issue a decision, often called an award, under the agreement or procedure. Whether the award is binding depends on that agreement and the law.
Process
Settlement Conferences and Court-Connected ADR
Private settlement conferences, neutral evaluation and court-connected programs are other forms of ADR. Court-connected custody mediation in California follows Rule 5.210 and is different from private mediation or arbitration.
Before ADR
Selecting a Neutral and Preparing Information
Parties or counsel choose a neutral and gather the information needed. Where treatment or monitoring is relevant, authorized documentation may be part of that preparation. See ADR and Substance Use.
After ADR
Agreement vs. Award, and What Comes Next
A mediated agreement and an arbitration award are different things. Some agreements or awards may need court approval, confirmation, enforcement or further litigation. ADR does not always avoid court.
Confidentiality also depends on the process. See Evidence Code §1119 for California mediation confidentiality.
Legal note
Attorneys advise on which process fits and on legal rights. A mediator facilitates; an arbitrator decides only where the process provides for it.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
In disputes involving treatment or monitoring, ETS can coordinate those services and organize authorized documentation. ETS is not a mediator, arbitrator or attorney.
Responsibilities
Who Does What?
Attorneys
Advise on process and legal rights.
Mediator
Facilitates negotiation.
Arbitrator / court
Decides where the process or law provides.
ETS
Coordinates treatment, testing and records.
Questions
ADR Process: Frequently Asked Questions
Sources & Legal References
California Courts
California law
Confidential consultation
Clinical Issues in a Dispute?
ETS can coordinate treatment, testing and records while counsel handles the process.
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