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ense of how the case will come out, and then they can move on to mediation to resolve the matter.
Courts are supportive of the creativity involved in formulating the right resolution strategy in individual cases. As one court noted: ”We recognize that [ADR] is an evolving concept and that new mechanisms, often borrowing on more traditional ones, are being created. Although we would not likely be inclined to enforce an agreement to resolve a dispute through trial by combat or ordeal, we do not wish to put a straightjacket on the creative development of new forms of [ADR] that individual parties, or industries, find useful and preferable to litigation.”
With that said a review of the basic ADR methods can provide a starting point for considering what method may work best in a particular case. There are two main categories into which all ADR methods fall: facilitative and evaluative ADR. In facilitative ADR, a neutral assists the parties in reaching a settlement by encouraging communication and permitting them to make their own assessment of each side's interests and alternatives. In a facilitative ADR session, such as mediation, the neutral does not give an opinion about how the dispute should be resolved, but rather allows the parties to control the process and develop their own resolution.
In evaluative ADR, the neutral acts more like a judge. He or she provides the parties with an assessment of the merits of some or all of the case, and sometimes makes a binding decision (if the parties have agreed in advance to that outcome). Examples of evaluative ADR are arbitration and early neutral evaluation.
Some programs incorporate elements or concepts of both facilitative and evaluative ADR. Toro, for instance, implemented a strategic dispute resolution program in order to reduce litigation costs, convey a more positive image to its customers, and avoid the unpredictability of jury verdicts and punitive damages risks. At the outset of each case, a Toro representative meets with the plaintiff and/or his or her attorney and the parties have a frank discussion. Then an engineer analyzes the accident, after which the case is evaluated. Next, a mediation agreement setting out the benefits and the information each side will receive is sent to the plaintiff's counsel, and then the claim goes to mediation.
It is important to note that lawyers are still essential to the process. Parties represented by attorneys will not feel as threatened, counsel can address any mistaken assumptions made by the neutrals, and if the attorneys tell their clients that they agree with a position taken, they can bolster the stand or opinion of the neutrals and help encourage resolution.
And now for the basic (and one not-so-basic) methods...

A. Arbitration
In an arbitration, the parties engage in the competitive presentation of evidence before a neutral decision-maker selected by the parties, who will make a (usually) final decision. The arbitrator is often chosen on the basis of his or her subject-matter expertise. The hearing is conducted according to the rules of procedure and evidence selected by the parties. Arbitration decisions usually cannot be appealed, except in cases of undue influence, bias, duress or the like, although this aspect is changing as more courts acknowledge the greater need for judicial review of arbitration decisions.
Arbitration is often employed in labour-management disputes. 本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。