What Are Three Alternative Methods of Resolving Disputes?
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- Date Submitted: 09/14/2015 02:23 PM
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What are three alternative methods of resolving disputes?
Litigation or filing a lawsuit is a the most widely known form of dispute resolution. Litigation involves going before a judge in court and filing a lawsuit. However, many people do not known there are many forms of alternative dispute resolution or ADR for short. There are three popular ADR methods mediation, arbitration, and collaboration.
Mediation is one form of ADR and usually works best when both parties are still willing to negotiate. In mediation a neutral third party professional is brought in to help help the parties involved to come to a resolution. A mediator does not have the authority to impose a solution on the parties. For mediation to be successful both parties must come to an agreement on a settlement. That settlement is then signed by both parties to make a legally binding agreement. If the mediation is unsuccessful then the parties may then proceed to take their dispute to court.
Another form of ADR is Arbitration. Arbitration is the process where parties agree to have a third party who is neutral to the situation act as the judge and jury to resolve a situation outside of the judicial system. These cases are often able to be heard faster, and it cost less than a normal court case. Arbitration clauses are often used by companies or individuals in contract. These clauses state the the parties agree to resolve any disputes by arbitration as opposed to taking the matter to court. During arbitration each party will get a chance to present their side to the arbitrator who will then decide who won the case, and will receive an award.
A final type of ADR is collaborative law. This is often used in a family law setting particularly in divorce cases. Usually this type of ADR is best used early in the process prior to too many hurt feelings and emotions are brought into the case. In collaborative law cases each party is able to represented by legal counsel. Unlike with mediation...
Litigation or filing a lawsuit is a the most widely known form of dispute resolution. Litigation involves going before a judge in court and filing a lawsuit. However, many people do not known there are many forms of alternative dispute resolution or ADR for short. There are three popular ADR methods mediation, arbitration, and collaboration.
Mediation is one form of ADR and usually works best when both parties are still willing to negotiate. In mediation a neutral third party professional is brought in to help help the parties involved to come to a resolution. A mediator does not have the authority to impose a solution on the parties. For mediation to be successful both parties must come to an agreement on a settlement. That settlement is then signed by both parties to make a legally binding agreement. If the mediation is unsuccessful then the parties may then proceed to take their dispute to court.
Another form of ADR is Arbitration. Arbitration is the process where parties agree to have a third party who is neutral to the situation act as the judge and jury to resolve a situation outside of the judicial system. These cases are often able to be heard faster, and it cost less than a normal court case. Arbitration clauses are often used by companies or individuals in contract. These clauses state the the parties agree to resolve any disputes by arbitration as opposed to taking the matter to court. During arbitration each party will get a chance to present their side to the arbitrator who will then decide who won the case, and will receive an award.
A final type of ADR is collaborative law. This is often used in a family law setting particularly in divorce cases. Usually this type of ADR is best used early in the process prior to too many hurt feelings and emotions are brought into the case. In collaborative law cases each party is able to represented by legal counsel. Unlike with mediation...