Utah Contractor Practice Exam

Which of the following is NOT included in Alternative Dispute Resolution?

1. Mediation

2. Arbitration

3. Collaboration

4. Lawsuit

The correct answer is: Lawsuit

The selection identifies a lawsuit as not being included in Alternative Dispute Resolution (ADR). ADR encompasses various processes designed to resolve disputes outside of the traditional court system. The primary forms of ADR include mediation, arbitration, and collaboration, all of which aim to facilitate resolution in a more efficient, cost-effective, and less adversarial manner than litigation. Mediation involves a neutral third party who assists the disputing parties in reaching a voluntary agreement. Arbitration is a more formal process where a neutral arbitrator listens to both sides and makes a binding decision. Collaboration refers to cooperative efforts between parties to find a mutually acceptable solution. In contrast, a lawsuit is a legal proceeding initiated in a court, involving a more formal, adversarial approach governed by strict procedural rules. It ultimately leads to a decision made by a judge or jury, and is not considered an alternative method to resolve disputes, but rather a traditional legal route. Thus, it is distinctly separate from the principles that define ADR.