By Alderman & Alderman, Hartford ADR Attorneys
Alternative Dispute Resolution ADR in short, (mediation and arbitration) can resolve disputes more quickly and affordably than traditional litigation, but it is not appropriate for every matter. Binding arbitration results in a final, hard-to-appeal award from a neutral (often under AAA rules) and can include customized procedures. Mediation is a voluntary, non-binding process in which a neutral facilitates compromise and does not preclude later arbitration or litigation. The best forum depends on the dispute and strategy; consult experienced counsel to weigh risks and benefits.
Published decision from trials and appeals can give you a glimpse into the huge volume of cases resolved by a trial. Some disputes simply will not be resulted without a decision by a jury or a man or woman in a black robe. Some cases will be settled after a trial starts. Discovery helps both sides see their strengths and weaknesses.
Litigation can be a slow and expensive process (even without appeals).
Alternative Dispute Resolution (ADR), such as mediation and arbitration can be substantially quicker and less expensive than traditional litigation. For some clients substitution of their dispute or grievance to ADR is the most logical choice. However, ADR is not the best venue for resolving all disputes and grievances.
Binding Arbitration: In binding arbitration a neutral person, or panel of people, consider the evidence and then issue a final decision inthe form of an award. Arbitration is a process that parties agree to engage in via a contract. Most parties use standard rules, such as those provided by the American Arbitration Association. However there is room for customized rules for issues such as discovery.
Compared to litigation is state of federal court, arbitration tends to be substantially quicker and less expensive. One reason that the process is quicker and less expensive, is that the right to appeal is extremely limited. The Connecticut courts, and the federal court rarely set aside an arbitration award.
Mediation: In mediation a neutral person considers the positions of the adversaries and tries to help steer them toward a compromise. A mediator cannot compel any party to accept a settlement that they do not want to accept. However, a skilled mediator will help each party understand why a compromise may be that party’s best interest.
For parties that are open to a possible settlement, but disinclined to make a first settlement offer, mediation can be a great tool for dispute resolution. The use of mediation does not preclude use of arbitration or traditional litigation if the mediation fails to result in a resolution.
In our experience some disputes are best resolved by traditional litigation in state or federal courts, while others are best resolved with binding arbitration. There are some grievances for which the parties know mediation will be of no benefit, there are others for which litigation strategy precludes mediation, but many cases do benefit from the assistance of a skilled mediator.
Most Connecticut lawyers with experience with arbitration and mediation will recommend ADR for certain types of disputes while strongly recommending against arbitration in some cases. Consult with an attorney who understands the risks and benefits of all your options before deciding whether ADR is appropriate for your dispute.
FAQ
1. What is Alternative Dispute Resolution (ADR), and how does it differ from litigation?
ADR refers primarily to mediation and arbitration. Compared to traditional state or federal court litigation—which can be slow and expensive—ADR is generally quicker and more affordable. Mediation is a voluntary, non-binding process aimed at helping parties reach a compromise, while binding arbitration results in a final award that is very hard to appeal. Not every dispute is suited to ADR; some matters require a judge or jury, and discovery in litigation can help clarify strengths and weaknesses and even prompt settlement after a trial begins.
2. How does binding arbitration work, and how final is the outcome?
In binding arbitration, a neutral arbitrator (or panel) hears evidence and issues a final award. Parties usually agree to arbitrate via contract and often adopt standard rules like those of the American Arbitration Association (AAA), with room to customize procedures (for example, around discovery). Arbitration tends to be faster and less costly than court largely because appeal rights are extremely limited—Connecticut and federal courts rarely set aside arbitration awards.
3. What happens in mediation, and does it limit my options later?
In mediation, a neutral facilitates discussions to help parties explore compromise. The mediator cannot force a settlement, and participation does not waive your right to pursue arbitration or litigation later if no agreement is reached. Mediation is particularly useful when parties are open to settlement but hesitant to make the first offer.
4. When might ADR not be appropriate?
Some disputes won’t resolve without a definitive decision by a judge or jury. In other cases, parties may believe mediation will be unproductive, or their litigation strategy may preclude mediation. While ADR often saves time and cost, the limited ability to appeal an arbitration award can be a drawback if you anticipate needing robust appellate review or a public, precedential decision.
5. How should I choose between mediation, arbitration, and litigation?
The best forum depends on your dispute and strategy—consider speed, cost, desired finality, appetite for appeals, the need for discovery, and whether a public court decision is important. Because these tradeoffs are fact-specific, consult experienced counsel (including Connecticut practitioners where relevant) who can weigh the risks and benefits of each option for your situation.
Schedule a consultation today or call (860) 249-0090 to speak directly with a Hartford ADR Attorneys experienced in Alternative Dispute Resolution, mediation, and complex negotiations. Our team can help you understand your legal options and determine whether ADR is the right strategy for your dispute.
For deeper perspective on the economic forces shaping Connecticut businesses—and how these trends affect dispute resolution, bankruptcy, and commercial conflicts—explore this recent analysis by Myles Alderman on LinkedIn.
This article is presented by the attorneys at Alderman & Alderman, LLC, a Connecticut law firm with more than three decades of experience in business law, real estate law, litigation, and dispute resolution. Since 1992, our lawyers have represented business owners, property owners, and individuals in high-stakes matters requiring skilled mediation, arbitration, and courtroom advocacy. You may review the full scope of ADR and related legal services offered by Alderman & Alderman here.
At Alderman & Alderman, our attorneys apply a comprehensive understanding of Connecticut laws and proven negotiation strategies to help clients resolve disputes efficiently and cost-effectively. Our client-focused approach emphasizes clarity, practical solutions, and trusted counsel throughout the ADR process. Learn more about our firm at alderman.com.
