Legal Resources Benefits of the ADR Process
One of the strengths of ADR is its flexibility. The parties design the process and choose the third party neutral, based on their needs and comfort level. With the help of a third party neutral, the parties explore how to satisfy underlying interest in their disputes.
ADR processes such as mediation and facilitation also help the participants:
Separate the people from the problems;
- Explore all interests to define issues clearly;
- Brainstorm a variety of possibilities and opportunities;
- Establish a fair process and objective criteria; and
- Focus on effective communication and relationships
While ADR cannot guarantee results, it succeeds when parties work cooperatively and focus on identifying and satisfying their underlying interests.
One of the major advantages of ADR is that parties can agree on the level of confidentiality they need during dispute resolution discussions. An agreement by participants to keep the process confidential allows all sides in a dispute to speak more openly, share more information, and explore ideas and options in order to come to a resolution.
The Commission recognizes that participants should feel free to be completely forthcoming without fear that their statements may later be used against them if settlement is not achieved. Likewise, a neutral is protected from being required to divulge such information. The Commission's regulations on confidentiality adopt the same guidelines as Section 574 of the Administrative Dispute Resolution Act . They are provided on the Code of Federal Regulations website at 18 C.F.R. § 385.606 .