There are several alternatives to litigation, known as Alternative Dispute Resolution (ADR) methods. These methods aim to resolve disputes outside of traditional court proceedings and can be more cost-effective, time-efficient, and less adversarial. ADR tends to allow the parties to be more creative in how their issue is determined, and the solutions available to get to a resolution. The most common alternatives to litigation are mediation, arbitration, or negotiation.
Mediation: Mediation involves a neutral third party, the mediator, who facilitates communication between the parties in dispute. The mediator helps them identify common ground, explore options, and reach a mutually acceptable resolution. The process is non-binding, meaning that the parties can choose to accept or reject the proposed solution.
Arbitration: Arbitration is a more formal process than mediation. It involves an impartial third party, the arbitrator, who reviews the evidence presented by both sides and makes a binding decision to resolve the dispute. Arbitration can include oral testimony from witnesses, written arguments from counsel or a combination of the two. Arbitration may be faster and more flexible than court proceedings, and the parties can agree on the rules and procedures to be followed.
Negotiation: Negotiation is an informal process where the parties directly communicate and attempt to reach a settlement on their own or with the assistance of their legal representatives. It is the most basic form of ADR and can occur at any stage of a dispute. Often negotiation is a key part of the litigation process, and sometimes is called a settlement conference.
Our Litigation Team at Robertson has the experience you need to determine if ADR is right for you. To find out more about Alternative Dispute Resolution contact our Litigation Team today.
Disclaimer: The information on this website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind.
