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  ADR TECHNIQUES: Summary of Techniques

ADR Techniques Home

Summary of Techniques

Mediation, Arbitration
and Mini-trials

 

   
 

There are a host of traditional ADR techniques. We believe that it is most important that the technique applied be appropriate to our clients' dispute. We treat each case personally and professionally, and with the priority it deserves.

Summit Solutions’ Innovative and Individualized Style

  • While each ADR technique listed here might be useful in a particular case, Summit Solutions’ special concern is development of innovative and individualized approaches which maximize the likelihood of success when clients come to the ‘summit meeting’ in their case.

Preventive
A neutral assists parties to avoid conflict by establishing procedures to address future disputes.

  • Process/procedure development
  • Oversight of negotiations
  • Rule-making

Facilitated
A neutral assists parties to reach an acceptable solution to a dispute. The neutral does not have authority to impose a solution.

  • Mediation
  • Joint interest-based problem solving
  • Conciliation
  • Ombudsperson

Fact Finding
A neutral examines the facts of a particular matter and makes a recommendation, finding or conclusion. This may be binding or non-binding.

  • Early Evaluation
  • Expert Fact-finding

Advisory
A neutral reviews submitted aspects of a dispute and provides an opinion on the merits and likely outcome.

  • Litigation analysis (before or after suit is filed)
  • Mini-trial (advisory)
  • Non-binding arbitration

Binding
A neutral makes a binding decision regarding the merits of a dispute. Disputes are usually over a possible breach of contract or agreement. While this has similarities to the litigation process, it is streamlined, cost-effective, and avoids delay. Techniques include:

  • Binding arbitration
  • Mini-trial (binding)
  • Due Process Hearing
  • Hearing Officer (where a contract/rule calls for a hearing)

Supervision & Enforcement

A neutral provides litigation discovery supervision, acts as special master or superintends compliance with decrees.

  • DiscoveryMmaster
  • Special Master
  • Court Monitor

Class Action Administration & Adjudication

A neutral administers relief in a class action both generally and in adjudicating individual class member claims.

  • Special Master
  • Hearing Master
  • Hearing Officer

These are examples of ADR techniques, and decree supervision mechanisms, which are available. Most important is that the technique be appropriate to our clients’ dispute. We treat each case personally and professionally, and with the priority it deserves. Please call or email us, or use the form here for an evaluation of your particular situation, or just to receive additional information.

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