Unified Family Court Pilot Program ALTERNATIVE DISPUTE RESOLUTION(ADR)
As required by RCW 26/12/802(4), the Office of the Administrator for the Court shall publish and disseminate a state-approved listing of definitions of non-adversarial methods of dispute resolution so that court officials, practitioners, and users can choose the most appropriate process for the matter at hand.
The term Alternative Dispute Resolution (ADR) is used to describe a number of problem-solving methods or techniques.
ADR can be initiated by parties to resolve disputes without relying on traditional court processes or initiated by the court to settle disputes prior to trial.
TYPES of Alternative Dispute Resolutions
NON-ADVERSARIAL
Negotiation is a process whereby parties in a dispute communicate with each other, directly, or indirectly, about the issues in disagreement in order to reach a settlement of their differences.
Mediation is a process whereby a neutral and impartial third party (the mediator) helps the parties communicate and negotiate so that they may achieve settlement of the dispute. There are a variety of ways to encourage effective communication. Generally, mediators will use a range of techniques to achieve effective communication. Below are descriptions of the two ends of the spectrum of mediation:
? Facilitative Mediation: In this type of mediation, the mediator helps the parties: explore the presenting issues as well as the underlying interest; develop and evaluate options. The mediator does not offer an opinion. This type of mediation does not require substantive experience in the law or court process.
? Evaluative Mediation: In this type of mediation, the mediator assesses the strengths and weaknesses of the legal issues in the case and offers an opinion of the likely result at the end of trial. The mediator suggests options or settlement ideas. This type of communication and assessment requires substantive knowledge of the law and/or court processes.
Settlement Conference is a process whereby a neutral and impartial legal professional hears both sides of the case and conducts an informal assessment and negotiation session and may advise the parties on the law and precedent relative to the dispute and suggests a settlement.
Early Neutral Evaluation is a process whereby an evaluator is appointed by the court or chosen by the parties to intervene in a lawsuit for the purpose of narrowing the issues, assisting in case planning and management and assisting in settlement, if appropriate.
MORE ADVERSARIAL
Mini-trial is a process whereby a neutral party and an official with settlement authority from each party listen to the evidence and conduct settlement negotiations.
Summary Jury Trial is a process whereby summary presentations in complex cases are made before a jury impaneled to make findings which may or not be binding.
Mediation-Arbitration (Med-Arb) is a process whereby a neutral and impartial third party facilitates communication between negotiating parties and, failing settlement, receives evidence and testimony provided by the parties and issues a binding decision.
Arbitration is a process whereby one or more neutral and impartial expert third parties hear and consider the evidence and testimony provided by the disputants and issue a binding or non-binding decision.
DISPUTE RESOLUTION CENTERS
Dispute Resolution Centers (DRCs) were authorized by the state Legislature in the 1984 Court Improvement Act, RCW.7.75. A DRC may be a private, non-profit organization or a service of the local government. DRCs offer mediation as their primary conflict resolution service. In mediation, a trained neutral person helps people discuss and resolve problems, or at least narrow and clarify issues. The process encourages joint problem solving in which people gain an understanding of each other's point of view. Mediation provides a safe environment to talk through issues and feelings and to negotiate a mutually satisfactory solution. The mediator is not a decision-maker.
Any civil, nonviolent dispute is a candidate for mediation. Some DRCs also accept criminal cases. For mediation to be successful, every participant must be willing to enter into good faith negotiations. Typical cases handled by DRCs involve:
? Neighbors
? Landlords and tenants
? Consumers and merchants
? Citizens and agencies
? Employees and employers
? Families
? Divorcing and divorced couples
A list of local DRCs is located on the Washington State Courts' web site.
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