Alternative Dispute Resolution (ADR)

There are many ways to resolve conflicts – surrendering, running away, overpowering your opponent with violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes referred to simply as conflict resolution, grew out of the belief that there are better options than using violence or going to court. Today, the terms ADR and conflict resolution are used somewhat interchangeably and refer to a wide range of processes that encourage nonviolent dispute resolution outside of the traditional court system. The field of conflict resolution also includes efforts in schools and communities to reduce violence and bullying and help young people develop communication and problem-solving skills. Common forms of conflict resolution include:
Negotiation is a discussion among two or more people with the goal of reaching an agreement.
Mediation is a voluntary and confidential process in which a neutral third-party facilitator helps people discuss difficult issues and negotiate an agreement. Basic steps in the process include gathering information, framing the issues, developing options, negotiating, and formalizing agreements. Parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome.
Arbitration is a process in which a third-party neutral, after reviewing evidence and listening to arguments from both sides, issues a decision to settle the case. Arbitration is often used in commercial and labor/management disputes.
Mediation-Arbitration is a hybrid that combines both of the above processes. Prior to the session, the disputing parties agree to try mediation first, but give the neutral third party the authority to make a decision if mediation is not successful.
Early Neutral Evaluation involves using a court-appointed attorney to review a case before it goes to trial. The attorney reviews the merits of the case and encourages the parties to attempt resolution. If there is no resolution, the attorney informs the disputants about how to proceed with litigation and gives an opinion on the likely outcome if the case goes to trial.
Community Conferencing is a structured conversation involving all members of a community (offenders, victims, family, friends, etc.) who have been affected by a dispute or a crime. Using a script, the facilitator invites people to express how they were affected and how they wish to address and repair the harm that resulted.
Collaborative Law refers to a process for solving disputes in which the attorneys commit to reaching a settlement without using litigation.
Negotiated Rulemaking is a collaborative process in which government agencies seek input from a variety of stakeholders before issuing a new rule.
Peer Mediation refers to a process in which young people act as mediators to help resolve disputes among their peers. The student mediators are trained and supervised by a teacher or other adult.


What Types of Disputes Can Be Addressed Through Conflict Resolution?
Conflict resolution can be used to help resolve almost any type of dispute. Family mediators, for example, help people with divorce, custody issues, parent-child or sibling conflicts, elder care issues, family business concerns, adoption, premarital agreements, neighbor disputes, etc. Other types of conflicts that respond well to alternative dispute resolution include workplace disputes, labor/management issues, environmental/public policy issues, health care disputes, international conflicts, and many others.

How Do I Find a Qualified Mediator?
Mediation is the most commonly used form of ADR and is the service most requested by members of the public. The Association for Conflict Resolution maintains a referral list of family mediators who have met ACR's training and experience criteria. This list is available on the ACR Web site.
Another good source for mediator referrals is www.mediate.com. The ACR Family Section also maintains a list of FAQs that specifically address family mediation issues.
In the future, ACR will expand its referral list to include qualified ACR members that practice in areas other than family mediation.
Court-appointed mediators can be volunteers, salaried court employees, mediators in private practice, or mediators who are affiliated with a local community mediation center.

How Much Does a Typical Mediation Cost?
Solving conflicts through mediation or other ADR processes usually takes less time and costs less money than litigation. Costs vary widely, depending on the complexity of the case and the experience and training of the mediator. Mediators come from a variety of professions, including law, social work, human resources, psychology, education, ministry, and others. Their hourly rate usually reflects their training and years of experience. For example, some mediators may work with low-income clients on a volunteer basis, while others are highly paid lawyers who include ADR as part of their practice.

What Are the Benefits of Mediation?
Mediation allows parties to maintain greater control of their lives and make their own decisions. The process fosters understanding, cooperation, and agreements that work for both parties. It usually costs less money and takes less time than litigation, and compliance with agreements is often higher than with court-imposed judgments. Another primary benefit is privacy. The process is confidential, allowing parties to avoid public disclosure of sensitive information in the courts.

What Training Is Required to Become a Mediator?
There are no national training requirements or credentials for mediators. States vary widely in their approach to regulating the field, with some states choosing to "license" mediators while other states may "register" or "certify." Currently, only four states (FL, NH, TX, VA) have certification programs. There is an increasing trend toward mediator rosters and credentialing programs through professional organizations. For example, Family Mediation Canada has an extensive credentialing program, and ACR maintains a roster of qualified family mediators.
Most new mediators begin with a 40-hour basic training and a 20-hour advanced training. Some people begin their practice by volunteering at a community mediation center or co-mediating cases with an experienced mediator. Others go on to complete an advanced degree and/or certificate program in conflict resolution at a college or university. There are many specialized conflict resolution programs at institutions of higher learning in the U.S., and hundreds more that offer courses related to peace and conflict resolution. For more information about programs in higher education, visit Campus Conflict Resolution Resources or see "Academic Programs" at www.mediate.com. For a list of ACR-approved family mediation trainers, please visit the ACR Web site.
In 2000, COPRED (the Consortium on Peace Research, Education and Development, now merged with the Peace Studies Association into the Peace and Justice Studies Association, or PJSA) produced a Global Directory of Peace Studies and Conflict Resolution Programs, which describes undergraduate and graduate degree and certificate programs at 381 colleges and universities in 42 countries.

How Can I Help My Child Learn Conflict Resolution Skills?
Thousands of K-12 public schools now offer conflict resolution and/or violence prevention programs. These programs take a variety of forms, including efforts to address the problem of bullying, integrating conflict resolution ideas into curricula, using role play to help young people learn skills and practice alternative responses to conflict, and training young people to serve as mediators with their peers.
These programs not only foster safer schools, but also impart positive values and skills (appreciating differences, active listening, empathy, impulse control, anger management, etc.) in the next generation of adults. Some studies also suggest that participation in conflict resolution programs increases academic performance. For example, a study of 20 Cleveland elementary schools with peer mediation programs showed higher test scores on proficiency tests, increased attendance, and fewer suspensions than schools without mediation programs. Recent research underscoring this relationship that was conducted by Roger Johnson and David Johnson of the University of Minnesota can be found at www.ACRnet.org/about/crejohnson.htm.

Many of the best conflict resolution education programs integrate the principles of conflict resolution throughout the entire school curriculum and system, including programs to address issues among students, teachers, administrators, school board members, and members of the community.
Contact your local K-12 school and ask if they offer peer mediation programs or other classroom and school-wide conflict resolution education. If not, you may want to ask the principal to consider instituting such a program. Conflict resolution education information and five useful Fact Sheets are available on ACR's Education Section Web site.
At the higher education level, there are more than 220 university- or college-based mediation and conflict resolution programs across the country. In addition to teaching conflict resolution to students, these programs address many conflicts on and off campus, including student-to-student or student-faculty disputes, university vs. community conflicts, and many more. The Conflict Management in Higher Education Report, edited by William C. Warters, Ph.D., is a useful newsletter that focuses on university- and college-based conflict resolution programs. It can be found at http://www.campus-adr.org/CMHER/Newsletter.html.

How Widespread Is the Practice of Conflict Resolution?
Mediation, arbitration, and other forms of alternative dispute resolution gained popularity in the 1980s and the trajectory of growth has risen steadily ever since. Although programs vary widely, all jurisdictions now have some type of ADR program. Some jurisdictions have mandatory programs, such as requiring disputants in certain cases (such as divorce) to take parenting classes or meet with a mediator to attempt to resolve custody issues. As public awareness of ADR has grown, so has the number of number of mediators working in private practice. While there is no comprehensive data on the number of conflict resolution practitioners, informal estimates put the number of private practitioners in the U.S. at more than 20,000. Some examples of the growing use of ADR include:
• The Alternative Dispute Resolution (ADR) Act of 1998 requires federal district courts to adopt an official ADR program.
• The Federal Mediation and Conciliation Service now employs nearly 200 full-time mediators.
• The U.S Postal Service, the nation's largest employer, conducts over 10,000 mediations a year through its REDRESS program.
• According to the National Center for State Courts, 16 states currently require some form of mandatory mediation, while another 16 have voluntary or discretionary use of mediation in cases involving divorce, child custody, small claims, landlord/tenant disputes, etc.
• The Equal Employment Opportunity Commission currently employs more than 100 full-time mediators to assist with employment discrimination cases.
• The U.S. Dept. of Justice sponsors a national mediation program through the Keybridge Foundation to settle complaints filed under Titles II and III of the Americans with Disabilities Act of 1990.
• The Individuals with Disabilities Act (IDEA), Amendments of 1997 [P.L. 105-17], require state departments of education to provide mediation services to help resolve differences between school systems and families of children with disabilities.
• President Bush has recognized the value of conflict resolution in his National Fatherhood Initiative, which calls for $200 million in grants to community and religious groups to promote fatherhood, marriage education, and conflict resolution.
• According to a 1998 survey by PricewaterhouseCoopers and Cornell University, 88 percent of American corporations had used mediation and 79 percent used arbitration in the previous three years. In addition, over 84 percent said that they were likely or very likely to use mediation in the future, while 69 percent said the same about arbitration.
• In March 2001, the United States Supreme Court focused attention on the growing use of arbitration by businesses in its ruling on the Circuit City Stores v. Adams case. The Court ruled 5-4 that employees cannot sue companies if the employees sign an arbitration agreement when they were hired. In other words, employers can require arbitration to resolve workplace disputes. More than eight percent of American workers are now bound by arbitration agreements as a condition of their employment.
• An increasing number of companies are also trying to create conditions within the workplace that help people resolve their problems quickly and without outside intervention. These employee dispute resolution systems channel employee conflict in constructive directions and encourage early resolution. The policies are integrated into the corporate culture and use a variety of approaches, including hot lines, peer review panels, mediation, and arbitration to resolve disputes. Current research indicates that about 10 percent of American employers have implemented such internal systems.