Alternative Dispute Resolution (ADR): Processes for resolving disputes without trial or violence, such as negotiation, conciliation, mediation, settlement conferences, arbitration, consensus building, and community conferencing. Multiple ADR processes may be suitable for resolving certain disputes. Generally, ADR is not appropriate for prosecuting serious crime, creating legal precedents, or airing issues publicly.

Mediation: A process in which the people in a dispute work with one or more impartial mediators who, without providing legal advice, help the parties reach their own voluntary agreement for the resolution of the whole dispute or some issues within it. Mediators help the parties identify issues, options, and the needs underlying their respective positions. Mediators may record points of agreement reached by the parties. Mediation helps people speak for themselves and, if possible, rebuild their relationships and find lasting solutions to their disputes.

Community Conferencing: A multi-party process in which all of the people affected by a behavior or a conflict that has caused them harm meet to talk about the situation. The goal is to create an agreement that will repair the harm. All participants have a chance to discuss what happened, how it affected them, and how best to repair the harm. This process may be used in conflicts involving large numbers of people and is often used as an alternative to juvenile court.

Arbitration: A process in which (1) the people in a dispute present evidence and arguments supporting their positions to a neutral person (the arbitrator), who (2) renders a decision known as an “arbitration award.” Arbitration is generally binding, but the participants can agree in advance that it will be non-binding. Unlike court decisions, binding arbitration is not appealable. Courts can only order arbitration at the request of all parties.

Settlement Conference: A meeting at which the people in a dispute in court and/or their attorneys appear before an impartial person in an attempt to resolve the dispute or issues in the dispute by agreement or by means other than trial. A settlement conference may include neutral case evaluation and neutral fact-finding, and the impartial person may recommend the terms of an agreement. The settlement conference facilitator is usually a judge or experienced lawyer who can give informed opinions about how the court might decide the case, discuss how similar cases have been settled, provide advice, and suggest agreements.

Early Neutral Case Evaluation: A process in which (1) people in a dispute appear before an impartial person and summarize the evidence and arguments supporting their positions, and (2) the impartial person evaluates their positions and renders an opinion as to the likely outcome if the action were tried. The neutral person usually has substantial subject matter knowledge or experience. This person’s opinion about how the court might decide the dispute helps people determine appropriate out-of-court settlements.