ALTERNATIVES TO TRIAL

A Guide to Alternative Dispute Resolution

Going to court is not the only or always the best method for resolving disputes. With high costs, long delays, aggravations and loss of privacy involved in going to trial, more and more people are turning to nontraditional ways in which to settle their disputes.

Alternative Dispute Resolution, or ADR, is the name used to describe the different methods now available for resolving disputes. These alternatives range from informal meetings or communications to very structured proceedings in which a neutral third party renders a decision. Upon selecting the method appropriate for their situation, parties find ADR to be:

  • Cost Effective
  • Fast
  • Flexible
  • Fair

ADR affords all members of the community the opportunity to resolve disputes without going to trial.

What Are Dispute Resolution Alternatives?

People with legal problems have many options other than the usual public trial for solving these problems. The legal profession calls these different options Alternative Dispute Resolution (ADR). The most commonly used options are:

Negotiation
This is a direct method of communicating and resolving a problem. Parties or their representatives, who may be attorneys, talk directly with each other. The negotiators look for a way to satisfy the needs of the parties experiencing the problem.

Mediation
This problem-solving option uses a neutral person, the mediator, to guide the discussion of ways to solve the problem. The mediator does not make decisions, but helps with developing workable and effective solutions with the parties. People can use mediators on their own or with the advice or assistance of an attorney. Some mediators are attorneys; some have training in other professions. Their skill is in helping people explore the real issues in conflict and what actions would resolve the problem.

Neutral Evaluation
When complex issues are involved, it may be helpful for people (both attorneys and clients) to have a neutral expert listen to the facts. The expert can then provide a realistic appraisal of what the case may be worth (in money and time) and various ways of finding a solution. The evaluator is someone with experience and knowledge of the subject matter of the case.

Mini-Trials and Private Judging
This is a private process in which both sides in a dispute agree on an individual, or panel of experts, who will judge the case. A "verdict" can be binding if the parties agree, or it can simply provide information that helps them with deciding on the best solution for their problem.

Summary Jury Trials
This shorter, less formal type of court trial is usually used in very complicated cases only. The jury renders an opinion that can be binding if the parties agree, or it can simply provide information that helps them settle their case. This process and verdict help the parties and their lawyers by giving them an idea of how a jury might decide the case if it went to trial. This option is only available for cases that are filed with the court.

Shortrials

This is another short, less formal type of court trial that it generally used for fairly uncomplicated cases. A jury of four renders a verdict that is binding with no right of appeal. As with summary jury trials, this option is only available for cases that are filed with the court.

Settlement Conference
This option uses a court official to help the parties settle the case. Any time before a regular jury trial, many judges, lawyers, and parties request a settlement conference to give everyone a chance to avoid going to trial.

Arbitration
This option involves presenting a case to a neutral person who makes a decision. As in a regular public court trial, the control of the case is with somebody else instead of the parties with the legal problem. Arbitration takes many forms, and is usually binding. Court-ordered arbitration however, can be appealed. State law and local court rules provide for mandatory arbitration of small cases.

Making the Results of ADR Binding

Many people worry that if they use an alternative to a court process they can’t force the other side to comply with the solution. This is not true! The parties involved can agree in advance to turn the solution of the problem into a legal contract or court order. The dispute resolution service provider, or a lawyer can help in this process.

Finding a Provider of Dispute Resolution Alternatives

Your attorney can help you determine if alternative dispute resolution is best for your case and can point you in the right direction. You can also look in the Yellow Pages or contact the agencies listed below and ask about Mediation Services.

 

QUESTION: How can I resolve my problem?

ANSWER: There are many paths…

  • Negotiation
  • Mediation
  • Neutral Evaluation
  • Mini-Trials & Private Judging
  • Summary Jury Trials
  • S hortrials
  • Settlement Conference
  • Arbitration

Support for Alternative Dispute Resolution (ADR) is strong in the Arizona court system with the growth of effective alternatives for resolving disputes. Using these alternatives can help relieve the backlog of cases pending in the state’s court system.

With increasing frequency, courts are supporting ADR and introducing court-sponsored programs. In some cases, courts are directing parties in dispute to participate in court settlement devices such as those outlined in this brochure.

To further support the use of ADR, the Arizona Supreme Court amended Rule 16(g), Arizona Rules of Civil Procedure, regarding Alternative Dispute Resolution. Under the amended Rule 16(g), parties in civil disputes have a duty to consider ADR, confer with one another about using an ADR process, and report the outcome of their conference to the court. The amended rule is applicable to all civil cases filed after December 1, 2001.

Contact Information

Court Alternative Dispute Resolution Offices

Cochise County 520-432-8483

Coconino County 928-779-6805

Maricopa County 602-506-7884

Mohave County 928-753-0795 x4229

Office of the Attorney General — Mediation Only

Phoenix 602-542-5263

Tucson 520-628-6500

Community Mediation Program

Tucson 520-323-7862

The State Bar of Arizona publishes this pamphlet as a public service. It is meant only to inform, and not to advise anyone on a specific legal problem. No one should attempt to apply or interpret any law without the advice of a licensed attorney. Laws and regulations change regularly. Please check with the Court or State Bar to make sure the information contained in this brochure is the most accurate available.

Back to Consumer Brochure Homepage