Alternative Dispute Resolution – Why am I Unique?
Who benefits from Mediation?
Mediation can offer benefits in lots of ways. Parties to a personal injury case, such as an automobile accident case, can settle the case without waiting for a court decision. Neighborhood disputes can be resolved without going to court. Those involved in disputes in the settlement of a decedent’s estate, or parties in dividing a business, are able to settle their differences amicably. In any situation where a dispute has arisen between parties, mediation provides to the parties the possibility of resolving that dispute themselves, rather than having a court impose a decision upon them that the parties do not like.
What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution (ADR) is a method and process that is often utilized to settle disputes between 2 or more parties. It occurs in several ways. Some of those ways are mediation, arbitration, and early neutral evaluations. Although most often we think of ADR as something that is only used in court proceedings, in fact it is also useful in many other ways and situations.
For example, in neighborhood disputes, or disputes between landlords and tenants, mediators will work with both sides in an effort to resolve issues that arise between them. Those mediations will generally occur before an actual lawsuit is filed by the parties. The goal is not only to resolve the immediate problem but often is an effort to head off any possible problems that might arise in the future between the parties.
Choosing ADR may be a way to save time and costs of more formal litigation. If this is something that you think you may want to try, talk with your attorney about whether it would be a good choice for you and your situation.
In an Arbitration, the parties to a conflict or dispute present their case to a third party. This third party is known as an Arbitrator. Just like a Mediator, the Arbitrator does not have any stake in the outcome of their case. They are chosen by the parties and their attorneys for their expertise in understanding and resolving conflicts. They may also be chosen for the knowledge and experience in the particular field of law that is in dispute, such as personal injury or contract matters.
In an Arbitration procedure, each party is allotted time to present their case. They may do this through live testimony as well as by submitting recorded testimony of other witnesses (this is known as depositions). They may submit written documents and other information as well. After each side has had the opportunity to present their case, the Arbitrator will review everything and make a decision about the issues raised in the case.
Sometimes the parties will have agreed ahead of time to be bound by the findings of the Arbitrator. This is sometimes called “Binding Arbitration.” Sometimes the parties will be able to continue to court with their case and not be bound by the decision of the Arbitrator. This is called “Non-Binding Arbitration.” In either event, Arbitration is an alternative way to resolve a dispute rather than going through a formal court proceeding. Just as in a Mediation procedure, Arbitration may be a way to save time and costs of more formal litigation.