A dispute resolution process can help settle legal conflicts outside of a courtroom. There are several different kinds of alternative dispute resolutions, which include negotiation, mediation, conciliation and arbitration. The goal of all these methods is to resolve disputes without a trial. Litigation can be costly, in both a financial sense and through time spent on the case.
The main reason that parties prefer ADR proceedings is because, unlike traditional adversarial litigation, ADR allows both parties to see each other’s points of view and create solutions that work for them. In addition, ADR proceedings are typically less expensive and faster than a trial.
ADR can be used for a variety of legal matters, including personal injury cases, employment-related disputes and divorce actions. However, it is most commonly used for business disputes and commercial contracts. It is also useful in resolving family disputes and complex trust and estate matters.
There are many different types of ADR processes, with some more complex than others. For example, some ADR processes involve multiple arbitrators, such as tripartite arbitration. This type of ADR is useful for highly complex cases where both parties want advice from three individuals with differing expertise, such as a lawyer, a businessperson and a scientist.
While the most common types of ADR are mediation and arbitration, there are other options available for resolving conflicts, such as private judging. The best choice depends on the needs and goals of each party involved in the dispute. alternative dispute resolutions