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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.