Alternative Dispute Resolution is defined as” Alternative Dispute Resolution (ADR) is a method of resolving conflicts other than via litigation, such as arbitration, mediation, or negotiation.” ADR methods are typically less expensive and faster. They are increasingly being employed in high-profile labor disputes, divorce battles, and personal injury claims that would otherwise be litigated.
One of the main reasons why parties may prefer ADR proceedings over adversarial litigation is that, unlike combative litigation, ADR procedures are generally collaborative and allow the parties to comprehend each other’s perspectives. ADR also enables the parties to devise more imaginative solutions that a court may not be legally permitted to enforce.
ADR’s Brief History
Although mediation has been used for hundreds of years, alternative dispute resolution has risen quickly in the United States since the 1960s political and civil disputes. The passage of new legislation protecting individual rights, as well as a lower tolerance for discrimination and unfairness, prompted an increase in the number of persons filing lawsuits to resolve disputes.
The Civil Rights Act of 1964, for example, prohibited “discrimination in employment or public accommodations on the grounds of race, gender, or national origin.” Laws like this one provided citizens additional grounds for seeking restitution for wrongdoing. At the same time, the women’s and environmental movements were rising, resulting in a slew of new court suits.
All of these adjustments resulted in the number of lawsuits filed in US courts having increased significantly. The system eventually became overburdened with cases, resulting in lengthy delays and, on occasion, procedural blunders. Mediation and arbitration quickly became popular methods of resolving a wide range of issues because they relieved pressure on the overburdened court system.
Ø Arbitration – A process comparable to an informal trial in which an impartial third party hears both sides of a dispute and provides a judgment; the parties may agree on whether the decision is binding or non-binding.
Ø Binding and non-binding decisions – A binding decision is one that the parties must follow regardless of whether they agree with it; a non-binding decision is one that the parties may choose to disregard.
Ø Arbitrator – A neutral person who has the authority to decide a dispute by hearing both sides and making a decision.
Ø Hearing – A formal proceeding in which information and arguments are presented to a decision-maker who will make a decision.
Ø Mediation – A collaborative procedure in which a mediator works with the parties to reach an amicable solution; mediation is often non-binding. Different types of mediation help parties succeed and find a resolution.
Factors to Consider When Hiring an Alternative Dispute Resolution Lawyer
Despite the fact that Alternative Dispute Resolution is meant to lessen the expenses, stress, and formality associated with going to court, many parties continue to engage attorneys to represent them in ADR proceedings. They also seek out preliminary consultations on potential answers or tactics. As with any legal disagreement, you should select an attorney who is knowledgeable about the collaborative process of ADR and has experience with your specific legal situation.
Furthermore, arbitrators and mediators are frequently lawyers. Instead of employing a lawyer for each party in an ADR case, some parties agree to hire a single lawyer to function as an unbiased third party to guide the settlement and ensure that all solutions offered are legal.