Alternative Dispute Resolution (ADR) describes processes of settling disputes by means other than litigation (taking a case to court).  ADR includes mediation and arbitration processes.*
    Mediation is a process in which the parties attempt to resolve their dispute with the assistance of a neutral, impartial third party who promotes or facilitates an understanding among the parties of their common interests in reconciling or settling the matter.  The mediator does not make any decision for the parties, except by special agreement.  The mediator holds in confidence all information received during a mediation.  Although the mediator assigned will be a member of the Montgomery Bar Association and a practicing attorney, no attorney / client privilege attaches to the communication between the parties and the mediator.  No attorney / client relationship is established.  The parties may have consulted with their personal attorney as part of the mediation process, and it is recommended that the parties consider having their respective attorney and/or insurance adjustor present at the mediation.  THE MEDIATOR DOES NOT SERVE AS AN ATTORNEY FOR ANY PARTY.
    Arbitration is the process of bringing a business dispute before a neutral third party for resolution.  The third party, an arbitrator, hears the evidence brought by both sides and makes a decision. That decision is binding on the parties unless agreed to otherwise.





© Montgomery Bar Association

MBA CENTER for MEDIATION and ARBITRATION   l   100 W. Airy Street / P.O. Box 268 Norristown, PA 19404-0268  l   T: 610.279.9660, Ext. 208   l   F: 610.279.4321
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