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ALTERNATIVE DISPUTE RESOLUTION

ALTERNATIVE DISPUTE RESOLUTION. What is ADR?. The selection and application of a dispute prevention or resolution tool that results in a decision made by the parties or made by an outside neutral and accepted by the parties. ADR: An alternative to what?. An alternative to: Going to court

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ALTERNATIVE DISPUTE RESOLUTION

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  1. ALTERNATIVE DISPUTE RESOLUTION DDozier@presspotterlaw.com

  2. What is ADR? • The selection and application of a dispute prevention or resolution tool that results in a decision made by the parties or made by an outside neutral and accepted by the parties. DDozier@presspotterlaw.com

  3. ADR: An alternative to what? An alternative to: • Going to court • Settlement of court cases • Delayed decision making (by the courts or administrative agencies) • Decisions made in the absence of information • Decisions made without the buy-in of stakeholders DDozier@presspotterlaw.com

  4. Alternative Dispute Resolution Choices • Decision making by the parties • Collaborative problem solving • Negotiation • Stakeholder Working Groups • Consensus building (e.g., negotiated rulemaking) • Advisory to decision makers DDozier@presspotterlaw.com

  5. Alternative Dispute Resolution Choices • Third-Party Decision Making • Binding Arbitration • Binding Dispute Panels • Binding Private Courts/Judging DDozier@presspotterlaw.com

  6. Aids to Decision Making by the Parties • Agreed-to negotiation/problem-solving procedures • Negotiation • Mediation • Mini trial • Issue elevation sequence, with identified decision makers and time frames at each level • Third-party assistance DDozier@presspotterlaw.com

  7. Third-Party Assistance to Decision Makers • Advisory decision making • Allocation recommendation • Non-binding arbitration • Non-binding dispute panels • Settlement conference • Neutral technical expertise • Convening • Facilitation • Mediation • Facilitative • Evaluative DDozier@presspotterlaw.com

  8. Making the ADR Choice • Is the sticking point technical, legal, or policy? • Do we need objective evaluation of the facts, application of law, or technology? DDozier@presspotterlaw.com

  9. Do we need objective management of the discussion/negotiation process? To keep us focused To apply a problem solving structure To create a level playing field To allow all parties to play the role of advocates/stakeholders Making the ADR Choice DDozier@presspotterlaw.com

  10. Issue Resolution Flow Chart DDozier@presspotterlaw.com

  11. Process of Building Consensus DDozier@presspotterlaw.com

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