ADR Services That Work Best

Updated August, 2026.

Business disputes do not always need to end in a courtroom. Alternative dispute resolution (ADR) methods such as mediation and arbitration can provide businesses with different ways to address conflicts while potentially reducing the time, expense, and disruption associated with litigation. 

Key Takeaways

• ADR can provide an alternative to resolving business disputes through a full trial.
• Mediation uses a neutral mediator to help the parties negotiate their own resolution.
• Arbitration places the dispute before a neutral arbitrator who makes a decision after considering the parties’ positions and evidence.
• Mediation may be especially useful when the parties want greater control over the outcome or hope to preserve a business relationship.
• Arbitration may be appropriate when negotiations have stalled and the parties need a neutral third party to decide the dispute.
• Some contracts require mediation or arbitration when disputes arise, making it important to review existing agreements before deciding how to proceed.
• A business attorney can help evaluate ADR options and protect a company’s interests throughout the process.

ADR Services – What Works Best in Your Situation?

Alternative dispute resolution (ADR) forms can be quite helpful for business owners who find themselves ensnared in legal disputes and conflicts with customers and/or other businesses. Litigation takes time, and as the old saying goes, “Time is money.” The more time your business spends in the courtroom, the greater the impact those disputes and conflicts will have on your business’s profitability. In many cases, ADR can resolve a business’s disputes more quickly and more economically than proceeding to trial, especially if an experienced California attorney is assisting you through the ADR process. Knowing what types of disputes are best handled by ADR forms is essential to obtaining the greatest benefit for you and your business.

What is the Best ADR Form for My Business Dispute?

The two most common types of alternative dispute resolution are mediation and arbitration. In mediation, the parties to the dispute work with a neutral, third-party mediator whose task is to foster discussion between the parties in the hope that the parties will reach an agreement to resolve their case. The mediator’s role is not to determine who is “right” and who is “wrong,” but rather to foster an understanding of each party’s legal positions and claims. Conversely, arbitration involves submitting the dispute to a third-party arbitrator who acts as a sort of judge. The arbitrator presides over a “trial” in which evidence is presented and testimony received (although the evidentiary rules are typically relaxed so that the hearing can proceed much more quickly). At the end of the hearing, the arbitrator renders a decision to resolve the case.

Mediation may be the appropriate ADR form if:

• You and the other party are both desirous of avoiding trial;
• You believe you can have an honest and productive conversation with the other party;
• Neither you nor the other party have strong and well-supported positions in the dispute;
• You want to avoid a situation in which there are “winners” and “losers” but instead want to collaborate and cooperate.

Arbitration may be the more appropriate ADR form if:

• You and the other party want to avoid the expenses and costs associated with trial;
• You and the other party have not had fruitful discussions regarding the resolution of your dispute;
• There is disagreement between you and the other party as to whether one of you or the other is at fault.

A California ADR Law Firm is Available to Assist You

Whether you need assistance determining if your dispute is a good candidate for ADR or you need representation to ensure your legal rights are protected while you participate in arbitration or mediation, our experienced and dedicated ADR legal team can help you achieve satisfactory results without incurring the costs associated with litigation. Business owners in Pleasanton, Walnut Creek, Dublin, Livermore, San Leandro, Oakland, Concord, Fremont, Berkeley, Danville, or other neighboring communities are invited to call JGPC Law at (925) 463-9600 or complete our firm’s online contact form to learn more about our services and how they can benefit your business.

Frequently Asked Questions

What is alternative dispute resolution?

Alternative dispute resolution, or ADR, refers to processes used to resolve legal disputes outside of a traditional court trial. Common forms of ADR include mediation and arbitration.

What is the difference between mediation and arbitration?

In mediation, a neutral mediator helps the parties negotiate but generally does not decide the dispute for them. In arbitration, an arbitrator considers the parties’ arguments and evidence and issues a decision.

Is arbitration legally binding?

Arbitration may be binding or nonbinding depending on the agreement and circumstances. In binding arbitration, the resulting award generally has limited opportunities for review or appeal through the courts.

When is mediation a good choice for a business dispute?

Mediation can be useful when the parties want to control the outcome, preserve a business relationship, maintain greater privacy, or explore a negotiated resolution without proceeding through a full trial.

Can a business be required to participate in arbitration?

Yes. Business contracts frequently contain arbitration provisions requiring certain disputes to be resolved through arbitration rather than litigation. Courts may also enforce valid arbitration agreements under applicable law.

Is ADR always less expensive than litigation?

Not necessarily. ADR can often reduce the time and expense associated with litigation, but costs depend on the complexity of the dispute, the length of the proceedings, attorney involvement, and mediator or arbitrator fees.

Should an attorney represent my business during ADR?

Legal representation can be particularly valuable when significant financial or contractual rights are at stake. A business attorney can evaluate settlement proposals, prepare for mediation or arbitration, and help ensure that any resulting agreement or award is properly addressed.