slnlaw
  • Home
  • How Slnlaw Can Help
    • Employment Law Solutions >
      • Employment Termination
      • Sexual Harassment at Work >
        • Sexual Harassment and Non Disclosure Agreements
      • Massachusetts Wage and Hour Laws
      • Independent Contractor Law
      • Non Compete Agreements
      • Equal Pay Act
    • Business Law Solutions >
      • Business Contract Basics
      • Civil Suit Defense
      • Legal Issues for Start Ups
      • Trademark Basics for Small Business Owners
      • How to Incorporate a Business in Massachusetts
    • Estate Planning Solutions >
      • Why You Need an Estate Plan
      • Massachusetts Estate Tax
      • How to Make an Estate Plan
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Rebecca Royer
  • About
    • Slnlaw Offices
    • Directions
    • Fees, Billing and Payment
    • Privacy Policy
    • Publications and Interviews
  • Reviews
  • Blog
  • Contact

​​​Call Today!
​(781) 784-2322

Advantages Of Alternative Dispute Resolution for Individuals and Businesses

2/18/2020

2 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. 
 
 

2 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



Leave a Reply.

    Picture

    slnlaw

    slnlaw is a law firm in Sharon Massachusetts providing business, employment law and estate planning services to individuals and small businesses

      Contact Us!

    Submit
slnlaw solutions
(781) 784-2322

46 South Main Street
​Sharon MA 02067

slnlaw publications and interviews
​slnlaw referral resources
​slnlaw privacy policy

  • Home
  • How Slnlaw Can Help
    • Employment Law Solutions >
      • Employment Termination
      • Sexual Harassment at Work >
        • Sexual Harassment and Non Disclosure Agreements
      • Massachusetts Wage and Hour Laws
      • Independent Contractor Law
      • Non Compete Agreements
      • Equal Pay Act
    • Business Law Solutions >
      • Business Contract Basics
      • Civil Suit Defense
      • Legal Issues for Start Ups
      • Trademark Basics for Small Business Owners
      • How to Incorporate a Business in Massachusetts
    • Estate Planning Solutions >
      • Why You Need an Estate Plan
      • Massachusetts Estate Tax
      • How to Make an Estate Plan
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Rebecca Royer
  • About
    • Slnlaw Offices
    • Directions
    • Fees, Billing and Payment
    • Privacy Policy
    • Publications and Interviews
  • Reviews
  • Blog
  • Contact