Different Alternative Dispute Resolutions Or Adr Processes

Alternative dispute resolutions or ADR are dispute resolution processes that are not under the normal government judicial process.

It has garnered popularity among the general public and the legal profession as an option in resolving disputes in areas like business and employment other than litigation.

The popularity of Alternative dispute resolutions can be attributed to the following reasons:

Increased caseload of traditional courts

ADR costs less than litigation

Confidentiality

Desire of parties to have control on who will decide their dispute


TYPES OF ADR

Alternative dispute resolutions are generally classified into four forms, which are negotiation, mediation, collaborative law and arbitration.

Negotiation

This is the primary method of alternative dispute resolutions.

This refers to a dialogue between the two parties where there is no third party to facilitate the resolution process.

The purpose of negotiations is to resolve the dispute by producing an agreement upon courses of action, bargaining for individual and/or collective advantage, and to satisfy both parties involved without third party interference.

Mediation

This form of ADR involves a third party or a mediator.

In this form, a mediator facilitates the resolution process but does not impose the resolution themselves.

In mediation, the parties themselves determine the conditions of the agreement or the settlement.

Although the mediator does not have the power to impose the terms itself, he can propose or suggest possible resolutions that can be accepted or rejected by the parties.

Normally, both parties will be meeting with the mediator at his/her office. Each side, together with their attorneys will be placed in separate offices.

The mediator then moves between both parties conveying the offer of the other until an agreement or an impasse is reached.

Arbitration

Similar with mediation, this form of ADR involves a third party in coming up with a resolution.

But unlike mediation, the third party is tasked to hear each party present their case and then the arbitrator will come up with a resolution.

In most cases, similar to a tribunal, there is a winner and a loser.

Arbitration resolutions can either be binding or non-binding.

If the agreement is non-binding then both parties can have the option to reject the resolution.

If the agreement is binding then both parties will have to accept the decision of the arbitrator.

However, in case one party does not find the resolution to be fair, they can appeal the outcome to the courts.

Collaborative Law

Although it was originally intended for resolving family disputes, this ADR process has expanded its use on other areas such as business and employment.

Collaborative law refers to the procedure where all parties agree not to go to court or threaten to do so.

In a collaborative case, all parties strive to reach a fair agreement though joint sessions with their attorneys and some neutral experts.

The purpose of this ADR process is to ensure that a fair settlement will be reached without resorting to litigation.


IMPORTANCE OF A LAWYER

Although, Alternative Dispute Resolutions are outside the normal judicial process. It still deals with legal matters that you may not be familiar with.

You should hire an attorney to ensure that you do not get the short end of the stick in terms of the resolution.