What is Alternative Dispute Resolution? How an Attorney Can Help
Alternative Dispute Resolution (ADR) has been around for centuries as an alternative to litigation. Both individuals and courts embrace this type of dispute resolution. When disputing parties choose to settle their disputes without litigation, the preferred mechanism is known as ADR. Therefore if you are dealing with a dispute that qualifies for ADR, it is essential to seek consultation from our alternative dispute resolution attorneys from Frey Buck P.S. to gain insights on how you can protect your rights during the ADR process.
There are three known forms of ADR:
Arbitration is usually done in compliance with an initial agreement between the disputing parties. A neutral third party resolves the disputes in arbitration. Parties will be required to present their pleadings, witnesses, and any other evidence they choose to rely on. After a thorough hearing process and analysis of the case by the arbitrator, the arbitrator will make a final decision which parties must comply with. Choosing to engage our Seattle commercial litigation attorney gives you a chance to work with a professional with significant experience in arbitration processes, ensuring adequate representation of your rights.
Unlike arbitration, mediation is more of a discussion between the disputing parties with the guidance of an impartial third party( mediator). Mediation is widely used in family law disputes as it helps maintain mutual relationships. Where necessary, family law courts often refer disputes to mediation. The mediator’s role is to assist the parties in reaching a decision and not making the decision in the case. Despite disputing parties being in control of the decision reached. It is essential to get assistance from our seattle washington attorneys for guidance on how to secure your rights in the mediation process.
Negotiation is usually done at the discretion of the disputing parties with the intention of settling the dispute before deciding to proceed to Court or arbitration. Most personal injury cases are known to be settled via negotiations. Where parties fail to reach an agreement, they can proceed to litigation or arbitration.
Why should you choose ADR?
There are several reasons to choose ADR over litigation. Our alternative dispute resolution lawyers ensure that clients who approach us for assistance with their case get to leave with more reasons to choose ADR over and over again in their future disputes.
Fostering relationships between disputing parties
Mediation is one of the forms of ADR preferred when the disputing parties are family or the matter at hand touches on family law. Disputes like child custody, maintenance, property division in a probate dispute, etc. are often referred to mediation by Courts. Such a referral intends to help parties resolve their disputes but still maintain mutual relationships for the sake of innocent parties like the children of the marriage.
ADR gives disputing parties a chance to settle their case at a cheaper cost. For example, when companies or business associates choose to wind up their businesses. Litigation can prove to be an expensive ordeal. Our commercial litigation attorneys from Frey Buck P.S. have expertise both in litigation and ADR; hence they have the competence to adequately represent you both in a courtroom and before an arbitration tribunal.
Litigation does not have a definite time as to when it will come to an end. Some cases have lasted years in Courts, and still, they are not even halfway to completion. ADR allows parties to a dispute to resolve their case fast and amicably. Expeditious settling of disputes does not only save on time, but it is also cost-effective.
ADR procedures are not as strict as court procedures
A simple procedural mistake during litigation can be a ground for an adverse party seeking to strike out of your suit. While all forms of ADR and in particular mediation and arbitration have rules of procedure that require parties to maintain strict adherence to, parties can still customize the rules to suit the needs of the case being dealt with.