Understanding the Basics of Alternative Dispute Resolution
If you are in the middle of a conflict and are considering finding an out of court resolution, perhaps you might want to read up about alternative dispute resolution or ADR.
Out of court settlements occur when two parties seek an agreement on a claim without necessarily having judges come to the decision. Most of the time, these involve one party paying a sum of money to the other for the other party to close the lawsuit. Settlements here are binding and the case typically ends without having to go to court. The alternative dispute resolution system is the most popular and effective way to reach an agreement without going to court.
Basically, ADR refers to those agreements that are made out of court in a case. These include those reached through arbitration, small trials or mediation techniques. Sometimes these techniques can only be applied in certain areas of law like civil, commercial, industrial and family law. The most common area where ADR is practiced is in commercial law. In the business world, considering the speed at which cases are handled, it is almost impossible to have people file lawsuits and get timely justice. The easiest and most effective technique, therefore, is alternative dispute resolution.
A further advantage of ADR, especially for businesspeople is that it is simple and straightforward, and most of the time a less expensive process. Further, it gives the parties leeway in times of schedule and deciding when and how the dispute will be settled. It is easier to have the other party recognize an opposing position in such a scenario. Finally, it also gives the parties the freedom to come up with more tailored solutions than perhaps the court could have legally been able to provide.
ADR does not, however, mean the role of the lawyer is any less important. If you are leaning towards alternative dispute resolution, our lawyers at Stratton & Green, ALC will still be able to offer legal advice and make sure everything is above board.