There are many ways to resolve major disputes, and it does not always have to through court. Some cases can be resolved faster and cheaper by means of alternative dispute resolution.
What is alternative dispute resolution?
Alternative dispute resolution is the process in which disputes are resolved without litigation in court. It is commonly used for divorce cases, as well as landlord-tenant issues, personal injury claims, and labor disputes.
Alternative dispute resolution is done in an informal setting by a neutral mediator whose goal is to help both parties come to an agreeable solution. The mediator is vital in the process, but unlike a judge does not have any legal authority to decide the case. The advantage is that in contrary to a a situation in court, the parties in alternative dispute resolution keep control over the resolution.
What is the difference between mediation and arbitration?
Mediation and arbitration are both types of alternative dispute resolution. One difference between mediation and arbitration is that the final decision of the arbitrator is legally-binding. The decision of the arbitrator can be challenged and overruled by a court judge, this is however not common. Those entering arbitration are usually required to follow the ruling of the arbitrator.
Mediation is more informal and takes much interaction between the participants. The mediator helps each side communicate clearly to each other. Instead of providing a ruling, the mediator helps the parties to create a solution among themselves.
When do you use alternative dispute resolution?
In several cases alternative dispute resolution could have your preference over going to court. If your case needs a case resolution, without having to go through a full legal process, then alternative dispute resolution could be an easier and more affordable solution.
Alternative dispute resolution is commonly used for neutral evaluation, arbitration, settlement conferences, and mediation. However before you decide upon alternative dispute resolution, you should have a look at both the pros and cons:
Advantages of alternative dispute resolution
The advantages of alternative dispute resolution include:
- More flexibility and control than when bringing the case to court.
- Strive for a mutually beneficial resolution, unlike in court where one side may have an advantage over the order. In court cases, a party may have a distinct advantage over the other. This could be important in cases where both parties continue a relationship after the case, such as divorcing parents, tenant and landlord, or employer and employee.
- Control over the schedule of sessions, which unlike in court gives the ability to plan sessions at times convenient for both parties.
Down sides of alternative dispute resolution
The disadvantages of alternative dispute resolution include:
- Arbitrators do not have legal authority of a judge. The arbitrator cannot order a party to do or not do something; there is no injunctions
- The decision of the arbitrator is not final in alternative dispute resolution. A court judge can overturn the decision the arbitrator.
Alternative dispute resolution is can make the resolution of your case faster, cheaper and easier. To determine if this applied to your case, find an alternative dispute resolution lawyer of legal consultant to consult with first.