Sunday, September 9, 2012

About Alternative Dispute Resolution


Resolving a business dispute can be time consuming and frustrating. Although there are a number of advantages that come with the use of litigation as a surefire way to resolve your disagreement is not always the best way to resolve an argument. Litigation can be very expensive and time consuming. For those who deal with children (yet seemingly irresolvable) controversy, or for those without large sources of money, reconciliation can be more easily reached through alternative dispute resolution (ADR).

ADR is generally regarded as a process cheaper and faster than litigation. Most of the time, the parties are granted confidentiality, too. And, in general, the decisions made during the process of alternative dispute resolution is legally binding.

In general, there are two main forms of alternative dispute resolution: mediation and arbitration. While other options, such as collaborative law and conciliation, are available, are used much less often. The negotiation process is another option, but since there is no involvement of third parties, like the other choices.

Mediation

The mediation process involves three different, the two engaged in litigation, as well as an external person who is used to facilitate discussion and keep the tension rising. During this process, the three representatives to sit outside a courtroom environment, to discuss their differences and groped to reach a solution together, without the use of litigation.

The third part, also known as a mediator, has no impact in the outcome of the ADR process. This person serves the sole purpose of helping the two parties to communicate effectively and find a solution. It is up to them to reach a fair agreement.

Arbitration

The arbitration process is similar to mediation, although it has a couple of significant differences. As with mediation, the parties sit down outside the court, with an outside third - this time known as the arbitrator. The arbitrator listens to the stories of two parts, takes the time to examine the situation in detail, and determine a fair (and legally binding) result. Both parties enter the arbitration process knowing that it will determine the resolution, and decide to accept whatever the judge decides .......

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