ADR is the name used for the ways that a dispute can be resolved without resorting to litigation.
ADR is seen by many as the preferable manner for resolving a dispute as it is a much more private and cost-effective approach than going through court.
The most commonly used forms of ADR include Arbitration, Mediation, and Adjudication.
The type of ADR that is appropriate for your situation, and indeed whether ADR is suitable for your requirements at all depends on a number of factors including the type of dispute, your financial situation, and the urgency of a problem.
What are the alternatives to ADR?
Before looking at specific types of ADR, it is worth considering what other options that are available to help resolve a dispute.
The main alternatives to using ADR are:
Litigation
ADR is seen as a good way to resolve a dispute without having to go to court, but in some situations, litigation might be the only way forward.
Sometimes you won’t have a choice and another party will be intent on taking you to court and will reject any attempts to negotiate.
In this situation, it is vital that you get legal advice and representation from an experienced Divorce Lawyer Oracle Law dispute lawyer.
Negotiation
Some forms of ADR are seen as more informal methods of dispute resolution, but it might be possible to solve a problem simply through an informal discussion.
You may also consider whether it is worth pursuing the issue at all.
Benefits of Using ADR
There are many different pros and cons associated with ADR that should be considered before going down the route to help solve a dispute.
Some of the reasons that ADR is recommended by so many dispute lawyers include:
Reduced Costs
When successful, ADR methods such as mediation are a much cheaper option than legal action.
When mediation results in a settlement the entire dispute process can be over in just 1-2 days, meaning the services of a mediator will need to be retained for a very short period.
You will, therefore, save a huge amount of money on legal fees and advice, not to mention that claims made in court can prove extremely expensive.
However, with mediation especially, there is no guarantee of success and if discussions break down the process may simply add unnecessary expenses to proceedings.
Fast Resolution
One of the main reasons that ADR is attempted, especially in commercial settings, is that it usually leads to a much quicker resolution to the problem in question.
Arbitration, for example, is a method used to secure a legally binding settlement to a dispute, without having to go through the lengthy court case process as an arbitrator will generally come to their conclusions much faster than it would take to be given a court date.
Reduced Hostility
Taking someone to court is the most confrontational and adversarial way to resolve a dispute and may exacerbate an already challenging situation.
There will always be one winner and one loser in a court case, and it is unlikely that there will ever be a continued relationship between two parties after the event.
In comparison, mediation encourages parties to find a middle-ground and negotiate a solution that both can live with.
If you are involved in a dispute with your ex-partner, child’s school, or business partner, it may be that you will need to see or work with the opposing party after the dispute has been resolved and in these situations a less confrontational resolution is preferable.
Confidentiality
Another benefit of ADR is that the entire process is usually confidential, whilst the outcome of a court case is public information.
This makes ADR attractive to businesses that would rather not have their disputes conducted in the public eye, as this would increase the risk of damaging their reputation and losing customers as a result.
ADR has many advantages but there are some situations where it is just not an appropriate option.
Negatives of using ADR
If you are unsure about whether or not to use an ADR method consult with a professional legal advisor who will be able to give you a better idea of the best way forward.
Some of the reasons that ADR may not be the best option include:
Reluctant Opponent
The vast majority of ADR methods are voluntary and require both sides to be committed to finding a solution.
If the other side is not willing to negotiate or partake, court may be the only way to find a resolution.
No precedent is set
Mediated agreements do not act as precedents for the future in the way that a court ruling would so if you need to establish a legal point, ADR may not be the best route.
Can be a lengthy process
Although the majority of ADR methods are designed to produce a fast resolution, some methods, such as Ombudsman investigations, can take up to a year or more before a conclusion is found.