Alternative Dispute Resolution (known as “ADR”) can be used to resolve conflicts without becoming involved in civil litigation.
The continual increase in courthouse closings across the country is likely to push trial dates even farther out on the calendar as well, which may make using ADR a more viable option to resolve disputes.
Depending on your venue and jurisdiction, the types of disputes that may be resolved using the ADR process include conflicts between neighbors, inheritance disputes, landlord/tenant disputes, divorce, financial disputes, contractor disputes, business disputes and employment disputes. (Keep in mind that it is important to distinguish between ADR and Mediation.)
Arbitration involves an arbitrator who remains neutral during review of both party’s perceptions of the dispute; this includes viewing documentation supporting each side as well as any witness testimony. Unlike with mediation, the arbitrator has the power to make the final decision in the outcome. A key facet of the arbitration process is whether the parties have agreed to non-binding or binding arbitration. If non-binding arbitration is chosen, a party may still file a lawsuit if they are not satisfied with the outcome whereas binding arbitration is final.
Should you be in a position to appeal the outcome, Liz Kramer has written an excellent piece on this subject: Three Lessons on Appealing from Arbitrations.
For more information about Civil Litigation, visit SmartRules at www.smartrules.com. The laws surrounding civil litigation are complicated – SmartRules is easy.