alternative dispute resolution

Mediation is a cover-all phrase for methods of resolving disputes outside court based dispute resolution (litigation) and includes conciliation, arbitration, mediation and negotiation. So mediation is used as a means to resolve disputes without recourse to litigation.

Use of the term implies that an impartial third party specialised in the area of dispute plays some central role in assisting the parties resolve their disputes (except in the case of negotiation). The parties are usually free to walk away from the process and pursue litigation at any time, other than in arbitration which has been agreed as the dispute resolution process under a contract.

Usage: The parties elected to use alternative dispute resolution to resolve the dispute rather than resort to litigation.

Related Words: ADR; mediation; conciliation; arbitration; negotiation; litigation; settlement agreement; compromise agreement.