Across the globe, several key factors have helped legitimize alternative dispute resolution (ADR) as an effective means of settling conflicts outside of court. 

The ever-rising expense of litigation is a main driver, along with hopelessly backlogged courts and the stress of drawn-out legal battles. 

As an industry, ADR is maturing and evolving at a rapid rate, particularly in the U.S., Canada, U.K., and parts of Asia.  

Mediators and arbitrators are becoming increasingly sophisticated and specialized, tackling more complex cases, and developing more nuanced ADR techniques. 

What’s the next stage of growth for alternative dispute resolution? Here's a look at three major trends that are changing and shaping the ADR industry right now. 

Photo: Andy Livingston, CEO of Dexterity Consulting and arbitration instructor at Kompass

Over the last few years there's been a considerable uptick in demand for alternative dispute resolution services like arbitration and mediation.

The pandemic has only accelerated this trend as people look to settle their conflicts outside of court.

And lawyers aren't the only ones pursuing careers in ADR.

People from diverse professional backgrounds are taking mediation and arbitration training to better handle workplace disputes - or set up private ADR practices.

This week we spoke with Andy Livingston, a social sciences graduate turned certified ADR professional, who runs a private practice and teaches arbitration training at Kompass.

Andy walks us through the online arbitration certificate and explains different pathways to becoming an arbitrator in Canada.

Think you might be interested in this course? Read on for an inside look.

Arbitration is one of the most popular forms of alternative dispute resolution (ADR).

Similar to a judge, an arbitrator is a neutral third party who hears witnesses and reviews evidence before delivering a judgment that is usually legally binding.

However, arbitration is less formal than courtroom litigation and typically less costly and time-consuming.

And unlike the court system, parties involved in arbitration are allowed to choose their own arbitrator, and can design the process to suit their own needs. That means they can choose the timing and place of the arbitration, as well as who will be present.

Another key benefit of arbitration is privacy. Proceedings are confidential, which is generally considered a major advantage over litigation.

But how does one start a career in arbitration?  What kind of training pathways and certifications are available in Canada?

Here is a simple breakdown of arbitration careers, training options, and professional designations.

The primary goal of alternative dispute resolution (ADR)  is to settle disputes without litigation.

Going to court often involves a long and arduous process—and doesn’t always produce a beneficial result. 

This is precisely what ADR is designed to avoid: the time delays, costs, anxiety, and sometimes disappointing outcomes of litigation. 

ADR is used to settle disputes in a wide range of practice areas, including:

☑️ Family matters 

☑️ Commercial contracts 

☑️ Workplace disputes 

☑️ Labour relations 

☑️ Business and consumer disputes 

☑️ Intellectual property 

☑️ Sports 

☑️ Construction 

☑️ International trade deals 

☑️ Torts 

There are four main types of ADR. Many alternative dispute resolution professionals build skills across all four modalities, so they can choose or combine approaches to suit clients' needs.

In this post, we'll guide you through each ADR type, including common pros and cons of each model.