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Advantages Of Alternative Dispute Resolution for Individuals and Businesses

2/18/2020

8 Comments

 
Picture

Understanding Alternative Dispute Resolution (ADR)


Legal disagreements are a part of life – whether in individual or business matters. Sometimes those disagreements require the decision of a judge in court (litigation). However, some matters can avoid the courtroom by using Alternative Dispute Resolution (ADR). 

What Is ADR?
ADR encompasses methods of settling a legal disagreement outside of the courtroom. There are several methods including conciliation, negotiation, neutral evaluation, mediation and arbitration. 
 
However, the most common methods are mediation and arbitration, which we will address here.

Types of ADR
Mediation is a type of ADR in which a neutral third party called a mediator helps the disputing parties resolve their disagreement. Usually, mediation is informal and the disputing parties can work together to find a solution. The mediator does not make a final decision or determine who is “right and wrong.” Instead, the mediator helps the two groups come to a voluntary settlement. Learn more about mediation here. 

Arbitration involves a third party who acts as the “judge,” and whose decision is final. During this formal process, the two parties involved submit documents for review, but are not involved in making a decision. 

Benefits for Businesses & Individuals
There are several benefits to ADR for both individuals and businesses. 
 
  1. Cost-effectiveness
    ADR is generally more cost-effective than litigation, as methods involved are less formal and time-consuming processes.
  2. Confidential
    Court cases are public, but ADR can remain confidential. This can be beneficial for personal and business reasons. 
  3. Autonomy & Creative Solutions
    As mediation involves more engagement from both parties, autonomy can be maintained, and creative solutions can be reached. 
  4. Flexibility
    Court cases often require both parties to be available at an assigned time and date. ADR can be more easily scheduled for all parties involved.
  5. Speed
    As there are fewer people involved, more flexibility in the schedule, and no jury needed, ADR generally takes less time than a court case. 
  6. Improved Relationship Outcomes
    Taking people to court often strains relationships between the two parties. ADR methods tend to be more cooperative and less intense than litigation. As a result, the two parties have a better chance of maintaining their relationship. 

Is ADR Right for Your Situation?
ADR can be for both individuals and businesses in a variety of situations. See examples of disputes below.
 
Individual ADR could cover:
  • Family matters (like property, divorce, visitation)
  • Neighborhood disputes (such as civil conflicts or relational problems)
  • Landlord/tenant matters (repairs, rent, evictions)
  • Personal injury
 
 Business ADR could cover:
  • Contracts
  • Partnerships
  • Property & land use
  • Collections
  • Employment
  • Debts & loans
 
This list is not exhaustive, but gives a broad range of possibilities.
 
Do you think ADR might be a good option for your dispute – or want legal counsel to determine if it is?

The lawyers at SLN Law can help you decide, as well as navigate your dispute. 
Contact SLN Law for more information. 
 
 

8 Comments
Smits link
12/7/2020 09:45:05 am

The small business I work for wants to hire someone to help them with a contract dispute with one of our partners. I'll have to look for an ADR solution to see if we can start mediating the issue.

Reply
Adam Golightly link
1/19/2021 06:15:43 pm

My brother has been thinking about getting a divorce because his wife isn't treating him very nicely. He would really like to get some help from a professional in order to get it done properly. It was interesting to learn about how mediation is when they work together to find a solution, and they come to a settlement.

Reply
Chris Pederson link
3/15/2021 06:17:56 pm

I had no idea that mediation is a type of alternative dispute resolution. My brother was telling me about yesterday it but it sounded too good to be true. I'll see if I can meet with a lawyer this weekend and get their views on these dispute resolutions.

Reply
Corine Harris link
8/25/2021 12:33:37 am

I was looking for an appropriate clarification for dispute resolution option. Much appreciated, administrator for sharing such awesome substance on this theme. Presently I have all I require about it. Here's another enlightening substance for <a href = https://reginafamilylawyers.com/choosing-dispute-resolution-option/> Choosing a Dispute Resolution Option </a>. You will get well-informed data about it here.

Reply
Legal Consultant in Dubai link
10/3/2021 09:27:45 am

The commercial disputes in UAE are generally resolved through litigation or arbitration. Wherein arbitration is nowadays the most common and widespread medium for resolving such disputes. The country follows the civil law system with an inquisitive approach of the court. The Corporate Lawyers of Dubai in this article have provided complete information regarding the dispute resolution process in UAE with regards to commercial disputes.

Reply
Charlotte Fleet link
11/23/2021 03:53:59 pm

It was interesting to learn the different types of dispute resolution solutions and their benefits. Thanks for explaining how mediation works and how it helps the disputing parties to find a solution together. I think it would be crucial to hire a conflict resolution mediator that has many years of experience helping to resolve workplace disputes.

Reply
kwayize
2/24/2022 08:52:04 am

i am a law student and i find challenges sometime in my assignment

Reply
RAALC link
2/14/2023 01:49:57 am

It's important for individuals and businesses to understand that litigation isn't always the best option for resolving legal disputes. ADR, which includes mediation and arbitration, can often be more cost-effective, flexible, and improve relationships between parties. It's also great to see examples of situations where ADR can be helpful, such as family matters and business contracts. Overall, it's worth considering ADR as an alternative to litigation.

Reply



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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
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        • Payment of Commissions
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        • Late Payment of Wages
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      • Are non competes enforceable
      • Massachusetts Non Compete Act
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