Alternative Dispute Resolution
A better process for resolving contract disputes.
In Neutral-Directed ADR™, a single neutral studies the case deeply before mediating, becomes the arbitrator if mediation fails, and reaches decisions on the merits at a fraction of the cost of conventional approaches.
Problems with the alternatives
Every conventional process is deeply flawed.
Mediation
The mediator knows only what the parties choose to disclose. Bluffing and posturing dominate. The mediator is rarely in a position to weigh in on the merits. And if it fails, the cost is entirely sunk.
Litigation
Adversarial discovery is indiscriminate and wasteful. Judges cannot decide disputes of fact and tend to punt to juries even when judicial resolution is appropriate. Trials are expensive and unpredictable. Massive procedural costs drive settlement rather than the merits. Appeals extend uncertainty further.
Arbitration
"Litigation-lite" — similar process, often similar cost, just without a jury or right to appeal. And now you pay the arbitrator on top of your own attorneys, consuming much of any potential savings.
The Neutral-Directed ADR™ process
Three steps. One neutral. Decisions on the merits.
Pre-mediation
The neutral is selected. Parties submit mediation statements and all critical documentary evidence. The neutral studies the case, researches the law, and discusses the dispute with both sides until fully prepared to lead mediation.
Mediation
Mediation occurs when the neutral is ready to lead it. With a command of the facts and law, and poised to decide the case if the parties do not reach a voluntary resolution, the neutral is equipped to conduct a highly effective mediation.
Neutral-directed resolution
If mediation fails, the neutral becomes the arbitrator, interprets the contract, and directs discovery — interviewing witnesses, requesting documents, and issuing findings of fact and conclusions of law as soon as justified by the evidence. Partisan attorneys play a comparatively minor role.
Adoption
It takes one clause.
Neutral-Directed ADR™ is invoked by contract. Attorneys can include it in any appropriate agreement — the rules at NDADR.com are adopted by reference, and the parties waive any right to jury trial or other legal process.
Well-suited for
Most contract disputes in the low-to-mid seven figures and below — including construction, employment agreements, franchise, licensing and IP, real estate, insurance claims, and supply or distribution agreements.
See the full FAQServe as a neutral
Experienced attorneys and former judges who complete a certification process and agree to abide by the rules may apply to be listed in the Directory of Neutrals.
View the directory