Alternative Dispute Resolution: An Exercise in Interpretation or a Legitimate Discussion of the Merits?

As a way to efficiently resolve cases without drawing on judicial resources, courts are starting to provide litigants with the opportunity to engage in alternative dispute resolution.¹ ADR programs vary from court to court but Maine provides an example of how a mandatory ADR program can work.² Maine has a presumptive ADR program for its civil cases but there are some exemptions or opportunities for waiver.³ Rule 16b requires at least one ADR conference which is where the parties engage in mediation, non-binding arbitration or early neutral evaluation facilitated by a neutral agreed upon by the parties.⁴ While in the past, an ADR conference may have meant begrudgingly sitting across from an opponent that had no interest in coming to an agreement, technology proposes the online dispute resolution (“ODR”) option.⁵ Both face to face and online ADR have their advantages and disadvantages, however, ODR offers … Read the rest