In ADR, who decides the process?

• A. Lawyers
• B. Judges
• C. The parties
• D. No one (pre-determined)

Answer: (C)

In ADR, the process is decided by the parties involved. This reflects why ADR is valued: it lets the people in dispute tailor how things proceed to fit their needs. The parties choose the form of ADR (mediation, arbitration, negotiation), set the timetable, decide who will represent them, determine confidentiality levels, and agree on how information is exchanged. The mediator or arbitrator is typically chosen by mutual agreement or by an appointing body that the parties have agreed to use, not imposed by a judge. Lawyers play a facilitating, advisory role, but they do not unilaterally dictate the procedure. Judges generally don’t run ADR proceedings unless the parties are in a court-connected program or the court provides a framework they opt into. So, the process isn’t predetermined by someone else; it’s shaped by the parties’ agreement.