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Click link above to listen to KCLL's SideBar podcast episode
on Alternative Dispute Resolution.
What is Alternative Dispute Resolution?
Alternative dispute resolution (ADR) describes tools available as an
alternative to bringing a suit in court against parties like a neighbor,
employer, or spouse. ADR happens outside of court and may involve
mediation, negotiation, or arbitration through a third-party neutral
to resolve disputes. There are many advantages to ADR: it is cheaper
than litigation, and in fact, some local resources offer mediation services
for free; both parties have control of the situation and outcome; and
if both parties reach an agreement, it can become a legally binding
document.
What Laws Govern Alternative Dispute Resolution?
Washington: Two parts of the Revised Code of Washington
govern arbitration in this state: the RCW 7.04A
and 7.06.
If mediation is ordered by a court, the RCW also governs through 5.60.070.
However, if you engage in informal mediation or another type of informal
negotiation, you are free to set your own rules as long as you can agree
with the other party. Remember that one of the biggest advantages of
ADR is that you are in control.
Federal: Arbitration, a piece of ADR, is generally
in writing and an arbitration agreement is often included in consumer,
employment, and labor law contracts. The Federal
Arbitration Act may preempt, or overrule, a state law regarding
arbitration, so when researching an issue dealing with arbitration,
you should make sure the State law has not been preempted by the Federal
law.
Getting Started:
You may wish to read about your type of dispute before determining whether
ADR is the right choice for you. You can find helpful materials
at the King County Law Library, online, or at a dispute resolution center.
You can try to negotiate a settlement with informal mediators like friends,
working with formal mediators like a neighborhood dispute resolution
center, or by contacting the Washington
State Attorney General’s office, or your Better
Business Bureau.
Print Resources at King County Law Library:
Introductory books on the ADR process:
Alternative Dispute Resolution in a Nutshell,
KF 9084. Z9 N65 2001
Concise
volume describing negotiation, mediation, and arbitration processes.
How ADR Works, KF 3425 .H69 2002
A
treatise on ADR by the American Bar Association Committee on ADR in
Labor and Employment Law.
Selected topics:
Divorce Without Court: A Guide to Mediation and Collaborative
Divorce, KF 535 .Z9 S76 2006
Written
for the non-lawyer, this guide provides tips on the use of mediation
in divorce and includes helpful worksheets.
Environmental Dispute Resolution: An Anthology of Practical
Solutions, KF 3775 .E585 2002
Collection
of short chapters for the lawyer involved in environmental arbitration
or mediation.
Making Money Talk: How to Mediate Insured Claims and Other
Monetary Disputes, K 2390 .L58 2007
Written
for mediation practitioners dealing with monetary claims and includes
helpful transcripts.
Neighbor Law: Fences, Trees, Boundaries and Noise, KF
639 .29 J67
Plain-language
guide to neighbor issues, including sample letters for ways to deal
with problems before going to court.
Internet Resources:
City
of Bellevue Mediation Program
A free service to residents
and business owners in Bellevue.
Dispute
Resolution Washington
The Washington
State Bar Association provides a helpful directory to help you locate
an ADR provider in Washington.
Inter-Local
Conflict Resolution Group
Free
mediation to King County residents referred to the Group by King County
departments.
King County Dispute Resolution
Center
Assists
citizens and organizations in King County with free or low-cost mediation.
Resolution Washington,
Use
this link to find Dispute Resolution Centers in your county!
University
of Washington Mediation Clinic
Free
mediation services provided to the UW community as well as the general
public.
Washington
Mediation Association
Search
for Washington Mediation Association-certified mediators and link to
other helpful sites. |
