— Also termed dispute resolution. See ARBITRATION; MEDIATION. [Cases: Arbitration
1. C.J.S. Arbitration §§ 2–3.]
“ADR can be defined as encompassing all legally permitted processes of dispute resolution other than litigation. While this definition (or something like it) is widely used, ADR proponents may object to it on the ground that it privileges litigation by giving the impression that litigation is the normal or standard process of dispute resolution, while alternative processes are aberrant or deviant. That impression is false. Litigation is a relatively rarely used process of dispute resolution. Alternative processes, especially negotiation, are used far more frequently. Even disputes involving lawyers are resolved by negotiation far more often than litigation. So ADR is not defined as everything-but-litigation because litigation is the norm. Litigation is not the norm. ADR is defined as every-thing-but-litigation because litigation, as a matter of law, is the default process of dispute resolution.” Stephen J. Ware, Alternative Dispute Resolution § 1.5, at 5–6 (2001).
