What Exactly Is Dispute Resolution?

Alternative dispute resolution (ADR) is a technique of settling disputes that does not involve going to court. Here are some examples of ADR and scenarios in which it could be employed.

What you will discover:

Alternative Dispute Resolution Methods Include:
Is Alternative Dispute Resolution Required?
Advantages of Alternative Dispute Resolution
What Can I Expect from a Dispute Resolution Process?

ADR, or alternative dispute resolution, is a way of settling disputes without going to court. An attorney or another mediator operates as a neutral third party to assist you in resolving your disputes. ADR allows for both mediation and arbitration. The distinction between the two is that a mediator seeks solutions, while an arbitrator serves as an informal judge.

Alternative Dispute Resolution Methods Include:

Mediation: A typical form of ADR in which an unbiased third party mediator assists the two parties in communicating their respective points of view.
Arbitration: Another common form of ADR in which both parties agree on a third-party arbitrator to determine whether the agreement is binding or non-binding.
Mini-trial: A way of presenting facts and arguments to impartial decision-makers that is often utilized in complicated civil litigation. Following this, all decision-makers convene to consider settlement.
Jury trial in summary: A non-binding court trial in which jurors hear and deliberate on arguments from both sides’ counsel. Following then, mediation between the two parties begins.
Early neutral assessment: This kind of ADR is intended to foster resolution and includes an unbiased assessor who hears arguments from both sides. The unbiased assessor informs the parties of possible outcomes if the matter goes to court.

Is Alternative Dispute Resolution Required?

If you want to resolve an issue without going to court, you may use alternative dispute resolution (ADR). A judge may need ADR before he will hear your case. It is most typically used in the following situations:

Divorce
Child and/or spousal support
Tenant/Landlord concerns
Professional responsibility
Insurance for Personal Injuries

Advantages of Alternative Dispute Resolution

The primary benefit of ADR is a substantially reduced cost. Many attorneys bill by the hour, which may rapidly add up during court procedures. By negotiating, you save money and time for your attorney.

Using ADR allows you to negotiate the parameters of your disagreement rather than having a judge make the ultimate judgment. Even if you do wind up going to court, the foundation has already been laid, therefore the court procedure will most likely be quicker and simpler.

What Can I Expect from a Dispute Resolution Process?

You have saved time and money by avoiding court if you and the person you are negotiating with can hash out your conditions with the aid of a mediator or arbitrator. You may still need the assistance of an attorney to draft documentation and legalize the terms you have settled on.

If you are unable to reach an agreement on terms or a settlement, you will almost certainly wind up in court, where they will be determined by a judge.