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How do I determine which ADR service to select?
Parties often ask about the differences between our Alternative Dispute Resolution (ADR) services. The chart below provides a general comparison of these services:
Ombuds/Rapid Response vs. Mediation
| Ombuds | Mediation |
|---|---|
| CADRS neutral provides various techniques (e.g. obtaining information, informal coaching, telephonic mediation, etc.) to assist two or more parties resolve challenges or disputes between | ADR process used to resolve disputes between two or more parties |
| Deals with immediate emergency issues in real time that are not being addressed in a litigation setting; generally faster case response and turnaround | Can deal with immediate or ongoing issues that may or may not be in litigation |
| Parties control outcome; either party/ombuds can terminate at any time | Parties control outcome; either party/ mediator can terminate at any time |
| Informal agreement to resolve dispute | Parties enter a formal written settlement agreement at the successful end of mediation |
| Voluntary Confidential Telephonic or electronic |
|
Mediation vs. Facilitation
| Mediation | Facilitation |
|---|---|
| Used to resolve a specific commercial, regulatory, or other legal dispute between two or more parties | Used to discuss or seek solutions for broad or general industry issues between three or more parties |
| Voluntary | |
| Confidential | Confidentiality protections may vary |
| Parties control process | Facilitator guides the process with input from parties |
| Parties control outcome | |
| Resolution reduced to settlement agreement | Ideas, concepts, proposed resolution or consensus may be reduced to writing |
Mediation vs. Binding Arbitration
| Mediation | Binding Arbitration |
|---|---|
| Voluntary participation by parties Telephonic or in person Confidential |
|
| May address any type of issue in dispute (e.g. commercial, regulatory, contractual, personality conflicts, preservation of business relationships etc.) | Limited to legal issues |
| Parties control outcome; Either party or mediator may terminate mediation at any time and litigate or arbitrate | Outcome controlled by arbitrator’s factual and legal determination; parties cannot unilaterally terminate arbitration |
| Parties enter into a written settlement agreement at the end of a successful mediation. | Arbitrator issues a final decision called an “award” |