Why Individuals Need Resolution Through ADR
When either party in disagreement have little time or resources available for a court case, then ADR is beneficial. Other times this avenue is helpful is when people or businesses want to avoid making a more prominent or worse situation during the conflict. When a couple decides to divorce, and there are several issues with property ownership or monetary retribution, alternative dispute proceedings are helpful to finding a compromise everyone can live with and accept. Protecting a relationship between two parties is often easier without a judge, jury, or trial. Many business partnerships and coordinating teams use ADR to preserve the relationship and find a resolution to the problem at hand.
Benefits of Using an Alternative Dispute Lawyer
- Not as formal as going to court
- Offers both parties more control of the process and more power over the outcome
- Legally binding in most cases
- Faster than court resolutions for disagreements
- Less expensive because there are no court costs
- More flexible and accommodating than a formal lawsuit
- Better chance of coming out of conflict with a win-win scenario
Times When Mediation is the Best Choice
When two private parties have a disagreement and both entities are on the same footing, then ADR might work best. When two family members are at odds with property ownership or when going through a divorce, using mediation for maintaining the relationship may be the best option. These processes can help with cultural disputes between land ownership or to mediate contracts with government entities. Juvenile records can result in felony charges. Mediation can help the parties find ways for the underage offender to make retribution without forcing the teen into a felony status.
How Arbitration is Helpful Outside of Court
This dispute resolution method is not public record. The happenings during fact-finding and the outcome are kept private. There are two types of arbitration. Non-binding arbitration means either party can choose not to follow the decision of the arbitrator or panel overseeing the discussion. Binding arbitration is a final decision that usually cannot be taken to court or changed.
When To Seek Alternative Dispute Resolution Assistance
- To maintain the relationship between conflicting parties
- To make agreements quickly
- To reduce the cost of settlements
- When the legal team feels this method is the best way to preserve business reputation in small communities or a particular area
What To Know About Hiring An Alternative Dispute Lawyer
Arbitration, mediation, negotiation, and other forms of ADR are beneficial for time and money savings. The thing every person in conflict needs to know is that it is essential to hire an attorney to represent you in arbitration or another alternative dispute resolution. A lawyer usually oversees the proceedings in these cases. Sometimes, a neutral legal professional is chosen. Other times, each person picks an arbitrator, and the two choose a third attorney to join the panel. When the proceedings are complete, the panel spends time daily to come up with a decision that is best for everyone involved. Having an attorney on retainer can speed up this process and ensure you or your business needs are kept in mind during the resolution process.