The result is a heavier work load for existing personnel and longer waiting periods between the time a civil lawsuit is filed and the trial of that case. The criminal caseload continues to grow in most jurisdictions. The most common types of ADR are arbitration and mediation . In addition, various private companies have sprung up over the last few years in many areas with active ADR policies to provide these necessary services. There are many different types of arbitration procedures.
Arbitration can be binding or non-binding .
A binding arbitration is one in which the ruling of the arbitrator is final, and often can become a judgment, just as if the case were tried before a judge or jury. For example, many contracts have a provision requiring binding arbitration, so that if a dispute arises between the parties to the contract which cannot be worked out voluntarily, they have agreed in advance to have it decided by arbitration, rather that through a lawsuit. Although the losing side can still go to court, in practice the vast majority of cases are resolved by non-binding arbitration and do not reenter the court system. The number and selection of arbiters differs considerably. Sometimes the parties to an arbitration are required to agree on a single arbitrator.