What is Alternative Dispute Resolution?
Alternative
Dispute Resolution (“ADR”) is an increasingly
popular form of resolving virtually any type of dispute between
individuals, between individuals and businesses, and between
businesses. The most utilized forms of ADR are mediation
and arbitration.
What are the benefits of ADR?
While there are many reasons
for participating in ADR, the primary reasons include cost
and time. Mediation and
arbitration are both less expensive and quicker than litigation
because the procedures are less complex and the time frame
for completion is expedited. Moreover, both forms of
ADR achieve higher settlement rates than traditional litigation. On-Line
Dispute Resolution (“ODR”) provides the foregoing
benefits and is particularly appropriate in those cases where
the parties are unable or unwilling to meet face-to-face.
What is Arbitration?
Arbitration is a form of adjudication
that is generally private and less formal than litigation
in court. The
arbitrator is impartial and makes a decision based upon the
evidence presented and the applicable law. In most
arbitrations, the parties agree that the result is binding.
What is Mediation?
Mediation is a non-binding attempt to
resolve disputes through the use of an impartial mediator,
who attempts to identify the issues of both parties, reduce
obstacles to communication and maximize the exploration of
alternatives to litigation. A
mediator does not render decisions on the issues in dispute. Mediations
are generally private and confidential.