A San Diego jury is being asked to decide whether a former California Court of Appeal Justice and the ADR firm for which he works are liable for false advertising based on representations touting the judge’s experience on the ADR’s website. Begging the question — what exactly is an ADR?
Well, glad you asked because it’s one of those TLAs (three letter acronyms) in the legal profession (worldwide, not just in the USA or California) that people can blow right by without actually defining it. So here you go — ADR includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.
Alternative dispute resolution (ADR) is generally classified into at least four types: negotiation, mediation, collaborative law, and arbitration. Who else feels a song and dance number coming on?
Negotiation — is a dialogue between two or more people or parties intended to reach a beneficial outcome over one or more issues where a conflict exists with respect to at least one of these issues. This beneficial outcome can be for all of the parties involved, or just for one or some of them.
Mediation — is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process.
Collaborative Law — is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of litigation.
Arbitration — a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. The parties to a dispute refer it to arbitration by one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), and agree to be bound by the arbitration decision (the “award”). A third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts
As we always say, “disputes happen,” (which would make a fine bumper sticker btw). When they involve YOUR company in the areas of landlord/tenant matters, contract disputes or even collections, call on your favorite legal litigator and educator or “leducator,” Dean Sperling who will be there to resolve your matter with YOUR best interests in mind and maybe even do a little ADR PDQ Ok?
More on the case:
Even Former Judges Can Be Exposed to False Advertising Liability