Appropriate Dispute Resolution processes differ along the continuum in the degree to which parties relinquish control of the process and outcome to a neutral third party, the expertise a third-party neutral must have in either the process or subject matter of the dispute, and the extent to which parties voluntarily bind themselves to whatever resolution emerges from the ADR proceeding. Thus, if one wished to rank ADR processes by the extent to which the parties yield control over the process and outcome to a neutral third party, such a ranking might resemble the following:

If you want to learn more, we have collected a list of ADR web sites. These links will lead you off the Unified Court System's web site.

Mediation is a consensual dispute resolution process in which a specially trained neutral third party helps disputants to identify issues, clarify perceptions and explore options for a mutually acceptable outcome. In general, mediators do not offer their own opinions regarding likely court outcomes or the merits of the case. Instead, mediators offer the opportunity to expand the settlement discussion beyond the legal issues in dispute and focus on developing creative solutions, which emphasize the parties' practical concerns

Compulsory Arbitration is a non-binding, adversarial dispute resolution process in which one or more trained arbitrators hear arguments, weigh evidence and issue a non-binding judgment on the merits after an expedited hearing. The arbitrator's decision addresses only the disputed legal issues and applies legal standards. Either party may reject the ruling and request a trial de novo in court.

Voluntary Arbitration is a binding, adversarial dispute resolution process in which the disputing parties choose one or more trained arbitrators to hear their dispute and to render a final decision or award after an expedited hearing.

Neutral Evaluation is a non-binding, confidential process in which a neutral third party with subject-matter expertise hears abbreviated arguments and offers an evaluation of likely outcomes in an effort to promote settlement. The neutral evaluator may also provide case planning guidance and settlement assistance with the parties' consent. This process is a valuable supplement to judicial case management because it offers parties a confidential assessment of the strengths and weaknesses of their case.

Facilitation is a process in which an impartial facilitator helps parties to communicate and to constructively organize their discussion. Facilitation may be a public or private process, and it is particularly helpful in meetings involving many participants. What distinguishes facilitation from other forms of assisted negotiation, such as mediation, is that the facilitator places little to no emphasis on generating movement or achieving a solution and instead focuses purely on moderating the discussion among the parties.

Summary Jury Trial (SJT) is an adversarial dispute resolution process in which "jurors" are asked to render a non-bindng verdict after an expedited hearing. The verdict may be binding if the parties consent. The goal of the advisory verdict is to provide litigants with a realistic prediction of likely court outcome in effort to promote settlement.