Why You Need an Alternative Dispute Resolution Lawyer
Many legal disputes are now frequently settled outside of the courtroom. In fact, before a judge hears the case, courts often mandate parties to participate in some form of alternative dispute resolution. A description of alternative dispute resolution, when it is used, its advantages, and when it might be necessary to hire an alternative dispute resolution attorney are discussed below.
What Is Alternative Dispute Resolution?
Alternative dispute resolution, or ADR, is any method of settling disputes outside of the courtroom. ADR includes a variety of approaches, including:
- Mediation: A neutral third party, called a mediator, listens to the disputants, facilitates a discussion of the issue, and then assists them in making a resolution.
- Negotiation: Disputants meet to discuss their issues, consider their choices, and try to come to a consensus. Usually, only the disputants are involved in the negotiation discussions.
- Arbitration: A neutral third party, called an arbitrator, is chosen by the disputants and decides whether the agreement is binding or not.
Which Disputes Can Be Resolved Through Alternative Dispute Resolution?
ADR is frequently used to resolve conflicts between individuals and organizations or businesses. The most common disputes are:
- Divorce.
- Commercial litigation, including real estate transactions.
- Breach of contract.
- Small claims, including those involving property damage and disputes between neighbors.
- Personal injury.
- Landlord-tenant.
- Employment-related, including discrimination and sexual harassment.
What Are the Advantages of Alternative Dispute Resolution?
Alternative dispute resolution provides several benefits over litigation, such as:
- Being less combative than litigation helps to maintain civility between disputants.
- Offering more privacy than what is permitted by court records, as ADR activities are typically protected from public disclosure.
- Allowing disputants more flexibility to resolve their conflict. In many instances, an alternative dispute resolution attorney is not necessary.
- Being less costly and time-consuming than litigation.
When Is It Necessary To Hire an Alternative Dispute Resolution Lawyer?
The majority of disputes that are settled through ADR are simple and do not need an ADR lawyer’s help. However, it can be required to contact an ADR lawyer if the disagreement involves complex issues, such as those involving family conflicts, property rights, and personal injury claims. In addition to determining which method of ADR is most suitable to settle the dispute and produce the best result, ADR lawyers may also be necessary in the following situations:
Disputants Are Unable To Present Their Case Effectively
Without legal counsel, it can be more challenging than most people imagine making a strong case. This is especially true if the conflict is governed by or involves a violation of law or statute, such as employment discrimination or a breach of contract claim.
When One of the Disputants Has Legal Representation or Is Familiar With Alternative Dispute Resolution Methods
ADR is most successful when the disputants are in equal standing in negotiating in the conflict. If one of the disputants is not represented or has less experience with the ADR process, they will be at a disadvantage in the negotiations. Disputants with legal representation are more likely to have conflicts resolved in their favor and under their terms.
Cokinos | Young provides a wide range of services in the area of alternative dispute resolution. When it comes to the most common forms of ADR, our attorneys are quite skilled in bringing and defending disputes.