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ALTERNATIVE DISPUTE RESOLUTION
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Alternative Dispute Resolution (“ADR”) is a term
used to refer to means of resolving disputes
outside of typical court proceedings, including
arbitration, mediation and the like. Mediation
usually refers to attempts by a third party to
consult with the parties and see if the dispute
can be resolved without trial. In arbitration,
by contrast, one or more third parties conduct
an evidentiary hearing on the dispute, though
usually with more relaxed rules and procedures
than in court. In mediation, the third party
usually only has the power to recommend a
settlement; in arbitration, by contrast,
arbitrators often have the power to make a
binding award.
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