Alternative Dispute Resolution (ADR)

Definition

Alternative Dispute Resolution (ADR) refers to methods of resolving legal disputes outside of traditional courtroom trials. The most common forms include mediation (a neutral third party helps facilitate settlement negotiations), arbitration (a neutral decision-maker hears evidence and issues a binding or non-binding decision), and neutral evaluation (an expert assesses the case’s strengths and weaknesses). ADR offers parties an alternative to the time, expense, and uncertainty of trial.

How It’s Used in Personal Injury Cases

ADR is increasingly common in personal injury litigation. Many Texas courts require mandatory ADR before trial, typically mediation. In mediation, a neutral mediator—often a retired judge or experienced attorney—meets separately with each side, discusses the strengths and weaknesses of their positions, and helps negotiate a settlement. Arbitration is more like a simplified trial, with an arbitrator hearing evidence and issuing a decision. Some insurance policies contain mandatory arbitration clauses, particularly for underinsured/uninsured motorist claims. ADR can resolve cases faster and with less expense than traditional litigation.

Practical Example

After filing a lawsuit over a slip-and-fall accident at a grocery store, the court orders the parties to attempt mediation before trial. At the mediation session, a neutral mediator meets first with your attorney to understand your injuries, medical expenses, and pain and suffering. The mediator then meets with the defense to discuss their liability concerns. Over several hours, the mediator shuttles between rooms, helping both sides understand the risks of trial and working toward a mutually acceptable settlement. The case settles for $45,000, avoiding the expense and uncertainty of a trial that could have resulted in anything from $0 to $80,000.

Why It Matters to Your Case

ADR can provide significant advantages in personal injury cases. Mediation allows you to participate in crafting a settlement rather than leaving the outcome entirely to a jury. The process is typically faster and less expensive than trial, and settlement amounts are certain—unlike jury verdicts that can be appealed or reduced. However, ADR works best when your case is thoroughly prepared. Coming to mediation with complete documentation, organized evidence, and a clear presentation of your damages will help you achieve the best possible result. The Texas Courts ADR resources provide additional information about dispute resolution options.

Key Takeaway

Alternative Dispute Resolution offers ways to settle your case without going to trial. Mediation in particular can lead to faster, less expensive resolutions while giving you more control over the outcome than a jury verdict would provide.