When a legal dispute is at hand and the parties involved would like to avoid going to trial, Alternative Dispute Resolution and Mediation can offer several options. ADR is the term used for the steps taken that will help ADR to resolve a dispute without the need to go to trial and includes negotiation or collaborative law and arbitration.
Mediation is undertaken when a dispute happens between two or more parties. Here, mediators, who are impartial, will help those involved reach a resolution that all agree to voluntarily. It is a helpful way to find solutions to a dispute.
Let’s take a look at a few examples of ADR in closer detail.
In negotiations, two or more parties will meet and try to reach a consensus, either on a single issue or a range of issues. It is imperative that the parties try to see the issue from the other side’s viewpoint with the intention of reaching a solution that is viable for all parties. In some cases, a third party can help to guide the process.
If mediation is used, a specialized, unbiased person, called a mediator, will help solve a dispute between parties. This is achieved through communication and helping the parties to gain an understanding of each separate viewpoint. Mediation is always kept confidential, while all involved have to voluntarily enter the process.
Typically, at the end of the mediation process, the mediator will suggest a course of action to resolve the conflict. The parties must agree to implement this proposal of their own free will. The mediator may not force his/her course of action on them. All parties involved in the dispute are allowed to have their own lawyers present at all meetings.
In collaborative law, a dispute between parties is resolved using a formal process in which each party makes use of an attorney to help them reach a resolution within certain contracted terms. Note that the attorneys are specialists in terms of the processes used to reach a resolution. If necessary, experts agreed to by both parties, can be brought in to help reach a resolution. A resolution will never be forced on either of the parties at any time.
Need assistance with the alternative dispute resolution process?
If you are looking for a viable alternative to going to trial, consider these ADR and Mediation options. If you would like more information about Alternative Dispute Resolution and the process, please contact the attorneys at Planta Satin Law today!