Alternative dispute resolution, commonly abbreviated ADR, refers to methods of resolving legal disputes outside of a traditional courtroom trial. ADR includes a range of processes, the most common of which are mediation and arbitration. Georgia has built ADR into its court system through a structured statewide program. This guide explains what ADR is, the main forms it takes, how Georgia’s court-connected ADR system operates, and the rules and protections that govern it.
What ADR Is
A lawsuit traditionally ends in a trial before a judge or jury. ADR offers other paths to resolution. Some ADR processes help the parties reach their own agreement. Others place the decision in the hands of a neutral third person. ADR can occur before a lawsuit is filed, after a case is underway, or as part of a contract that calls for ADR if a dispute later arises.
The interest in ADR reflects practical concerns. Trials can be lengthy and expensive, and the outcome is decided by a judge or jury rather than by the parties themselves. ADR processes can be faster, less formal, more private, and in some forms allow the parties to shape the resolution directly.
The Main Forms of ADR
Mediation is a process in which a neutral person, the mediator, helps the parties communicate and negotiate toward a voluntary settlement. The mediator does not decide the dispute and does not impose a result. Any resolution comes from the agreement of the parties. If the parties reach agreement, it is typically written down and becomes binding as a settlement.
Arbitration is a process in which a neutral arbitrator, or a panel of arbitrators, hears the dispute and issues a decision called an award. In binding arbitration, that award resolves the matter and can be enforced through the courts. In nonbinding arbitration, the award serves as an assessment that the parties may accept or reject. Arbitration conducted under Georgia law is governed by the Georgia Arbitration Code at O.C.G.A. Section 9-9-1 and following.
Case evaluation, also called early neutral evaluation, involves a neutral evaluator who reviews the positions of the parties and gives an assessment of the strengths and weaknesses of the case. Other recognized forms include the summary jury trial and the mini trial, which are abbreviated processes designed to give the parties a preview of how a case might be received.
Georgia’s Court-Connected ADR System
Georgia has a formal, statewide system for court-connected ADR. The Supreme Court of Georgia created a commission to study and develop alternative dispute resolution and adopted Alternative Dispute Resolution Rules to establish a statewide framework. The Georgia Office of Dispute Resolution administers this system, including the registration and qualification of neutrals who serve in court programs.
Within this framework, individual courts may establish ADR programs. The terms court-connected, court-annexed, and court-referred all describe a court ADR program. A court that has adopted such a program may use mediation, nonbinding arbitration, case evaluation or early neutral evaluation, the summary jury trial, the mini trial, or combinations of these processes to help resolve cases on its docket.
A common feature of these programs is that a court may refer a pending case to an ADR process. The Supreme Court of Georgia has recognized that participation in an ADR process can be made a part of the court’s case management. At the same time, the rules recognize the value of allowing parties input into the referral decision where possible. A point worth noting is that referral to a process such as mediation means participation in the process. It does not mean a party is required to settle, because the outcome of mediation depends on voluntary agreement.
The Georgia Office of Dispute Resolution maintains rosters of registered neutrals and oversees the qualification standards that apply to mediators, arbitrators, and evaluators who serve in court programs. Registration involves training and other requirements, and the system distinguishes among the types of cases a neutral is qualified to handle, such as general civil cases or domestic relations matters. This statewide structure is intended to promote consistency in the quality of ADR services offered through the courts across Georgia’s judicial circuits.
Confidentiality and Neutrality
Two principles are central to Georgia’s ADR rules. The first is confidentiality. Statements made during a court-connected mediation, case evaluation, or early neutral evaluation conference, and information gathered by program staff during intake, are treated as confidential. This confidentiality is intended to encourage open and candid discussion, so that parties can explore settlement without fear that what they say will be used against them later.
The second principle is the neutrality of the third party. A mediator, arbitrator, or evaluator serving in a court program is expected to be impartial and to be free of conflicts of interest. The Georgia ADR Rules and the related ethical standards address the qualifications and conduct of registered neutrals.
ADR Compared With a Court Trial
ADR and litigation each have characteristics that suit different disputes. ADR is often faster and less costly, the proceedings are generally private, and processes such as mediation give the parties control over whether and on what terms the matter resolves. A court trial provides a public proceeding, the full procedural protections of the court system, a decision backed by the authority of the court, and broader rights of appeal.
The forms of ADR also differ from one another. Mediation leaves the decision with the parties, so a party who does not agree is not bound to any outcome from the mediation itself. Binding arbitration places the decision with the arbitrator, and the resulting award is enforceable and subject only to narrow grounds of court review.
Summary
Alternative dispute resolution refers to methods of resolving disputes outside a traditional trial, including mediation, arbitration, case evaluation, and related processes. Georgia operates a structured, statewide court-connected ADR system established under the authority of the Supreme Court of Georgia and administered through the Georgia Office of Dispute Resolution, with arbitration under the Georgia Arbitration Code at O.C.G.A. Section 9-9-1 and following. Confidentiality of communications and the neutrality of the third party are central protections. Mediation leaves resolution to the voluntary agreement of the parties, while binding arbitration results in an enforceable award, and ADR generally offers a faster and more private path than a courtroom trial.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
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