© D.L. Crumbley
Alternative Dispute Resolution
Mediation: appointment of an agreed-upon third party to facilitate settlement negotiations.
before or after suit is filed
parties control the outcome and all resolutions are voluntary.
Arbitration: parties submit the dispute for resolution to an agreed-upon arbitrator or panel.
rules less formal
faster and cheaper
can be binding or non-binding.
Example: Arthur Andersen and Andersen Consulting.
When testifying, remember arbitrator more sophisticated than the average juror.