ADR, as alternative dispute resolution is commonly referred to, is increasing in popularity among employers looking to cut litigation costs when legal disputes arise. Many organizations now require employees and other companies they conduct business with to agree in advance to use ADR procedures in the event of a business-related dispute (see article on p.41). The ADR umbrella covers various forms of dispute resolution, the most common of which are arbitration, mediation and negotiation.
Arbitration cases are decided based on evidence presented by the parties in a procedure that is less formal, time-consuming and expensive than a trial. The evidentiary rules used in trial courts …