TBD | Chapter 6 | Pro Se Handbook (US)

Chapter 6 | Alternative Dispute Resolution
Pro Se Handbook
Federal Bar Association

6.00 | WHAT IS ALTERNATIVE DISPUTE RESOLUTION?

Alternative Dispute Resolution (ADR) can save time and money by helping parties work out their differences without formal litigation. ADR can lead to resolutions that are better tailored to the parties’ interests. Methods include mediation, arbitration, and settlement, among others. In many courts, the parties are required to participate in some form of ADR before trial and such requirements will generally be included in the Case Management Order.

6.01 | WHAT ARE THE MAJOR ADR PROCESSES?

1. Settlement Conference

In some jurisdictions, a settlement conference may be available to the parties. In a settlement conference, a judge other than the assigned judge (usually a magistrate judge), helps the parties negotiate a settlement of all or part of the dispute. Settlement conferences are generally best fit for pro se litigants because a judge who has experience working with unrepresented parties conducts the process.

2. Mediation

In meditation, a neutral third party meets with the parties to help them negotiate a mutually-satisfactory agreement resolving all or part of the dispute. The process is informal and confidential. Any decision to enter into a settlement agreement is voluntary, and the parties do not lose their right to trial if they do not reach an agreement.

3. Arbitration

In arbitration, the parties submit their dispute to an arbitrator or a panel of arbitrators for review, hearing, and adjudication in a binding decision. Arbitration is similar to litigation because both parties present arguments and evidence, including witnesses, to a neutral decision-maker. Arbitration is an abbreviated, efficient means of resolving disputes, the outcome of which contractually has the force of a mandatory, binding determination.

4. Early Neutral Evaluation

In early neutral evaluation (ENE), a specially-trained lawyer who is an expert in the subject matter of the case gives the parties a non-binding assessment of the merits and may help with settlement discussions. The goals are to promote communication and provide a “reality check” about the claims and evidence, identify and clarity key issues in dispute, assist with discovery and information exchange and motion planning and help with settlement discussions if requested by the parties.

5. Limited Scope ADR Counsel (if available in your district)

Most cases are referred by the Court to go to ADR. In some jurisdictions, if you do not have a lawyer, you may request that the Court appoint a lawyer to you for the limited purpose of representing you at mediation. Although the scope of this representation is limited, the lawyer can engage in settlement discussions with the other side, request additional discovery that would assist in the mediation, and meet with you to prepare for your mediation.

Please refer to local rules for more information on ADR in this court.

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Chapter 6 | Alternative Dispute Resolution
Pro Se Handbook
Federal Bar Association

6.00 | WHAT IS ALTERNATIVE DISPUTE RESOLUTION?

6.01 | WHAT ARE THE MAJOR ADR PROCESSES?

1. Settlement Conference

2. Mediation

3. Arbitration

4. Early Neutral Evaluation

5. Limited Scope ADR Counsel (if available in your district)

Please refer to local rules for more information on ADR in this court.

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Chapter 6 | Alternative Dispute ResolutionPro Se HandbookFederal Bar Association

6.00 | WHAT IS ALTERNATIVE DISPUTE RESOLUTION?

6.01 | WHAT ARE THE MAJOR ADR PROCESSES?

1. Settlement Conference

2. Mediation

3. Arbitration

4. Early Neutral Evaluation

5. Limited Scope ADR Counsel (if available in your district)

Please refer to local rules for more information on ADR in this court.

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add a comment

thank you, come again!TBD 1.037

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Chapter 6 | Alternative Dispute Resolution
Pro Se Handbook
Federal Bar Association

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