December 14, 2020

What is Alternative Dispute Resolution?

What Is Alternative Dispute Resolution?

Alternative Dispute Resolution or ADR is when people settle their disputes without filing a lawsuit. Instead, they enter into negotiations, arbitration, or mediation. This option is less expensive than filing a lawsuit, and it doesn’t require as much time. The benefit of ADR proceedings is that both sides can come to understand the other side in much greater detail than if a lawsuit is filed. There is also the possibility that the parties will come up with a more creative way to solve their differences than a court can allow.

The Terms You Must Know in ADR

Arbitration: This is like a very informal trial. An impartial arbitrator presides over the proceedings and listens to both sides of the question. Then, he or she renders a decision. The decision can be non-binding or binding.

Non-Binding or Binding: If the decision is binding, both parties must agree to accept it. If the decision is non-binding, the parties may disregard it.

Arbitrator: The arbitrator is an impartial actor with the power to end a conflict by hearing from both sides. The arbitrator will be the one to offer a decision in the case.

Mediation: A mediator works with both sides over a significant period of time in order to bring both parties to a decision with which they can agree. These decisions are usually non-binding.

Hearing: This is when an arbitrator or mediator hears arguments and evidence from both sides of an issue with the purpose of issuing a ruling.

Although people prefer to enter into ADR rather than litigation to keep costs low, they still seek the advice of an Irvine business litigation lawyer. An Irvine business litigation attorney can give you advice on the strategies that would be beneficial to your position. The best option is a business litigation lawyer in Irvine with experience helping people with your particular legal issue. Contact us today at the Brockmeier Law Group so that we can help you with your legal issue.