Disputes are a part of life. Whether it is a disagreement with a friend, family member, or business partner, we will all have to deal with them at some point. When disputes arise, you must know your options for resolving them. Alternative dispute resolution (ADRs) resolve disputes outside the court system. ADRs can be helpful for parties who want to avoid a costly and time-consuming lawsuit. There are many different types of ADRs, so it is important to understand which one is right for your situation. This blog post will discuss common ADRs and how they work.
Types of ADR
There are three basic types of ADR: negotiation, mediation, and arbitration. Each type has advantages and disadvantages you should consider before deciding which one is right for you.
Mediation
In mediation, a neutral third party (the mediator) helps the two sides communicate and reach an agreement. The mediator does not make decisions for the parties but facilitates communication and helps them brainstorm solutions. Mediation leaves control of the outcome with the parties. In some cases, the courts will insist that the parties explore the mediation route before bringing their case in front of a judge.
· Cases for Which Mediation May Be Appropriate
Mediation may be particularly useful when both parties have a relationship they want to preserve. So, when family members, business partners, or neighbours have a dispute, mediation may be the ADR process to use. Mediation is also effective when emotions are getting in the way of resolution.
· Cases for Which Mediation May Not Be Appropriate
Mediation is inappropriate when one party feels coerced into participating or has a history of violence, abuse, or victimization. Additionally, mediation is not likely to be successful if the parties do not trust each other or cannot have respectful communication. Mediation may be unsuccessful if one party refuses to compromise or negotiate in good faith. Mediation is also not appropriate when the issues at stake are purely legal and require a decision by a judge or jury.
Arbitration
Arbitration is a type of dispute resolution in which an impartial third party, called an arbitrator, hears both sides of the dispute and then decides the outcome of the dispute. Arbitration is often used when the parties cannot reach an agreement on their own and want to avoid going to court.
Arbitration can be binding or non-binding. Binding arbitration means that both parties waive their right to a trial. The arbitrator’s decision is final, and both sides must comply with it. Non-binding means that both sides can ignore the arbitrator’s decision and take the matter to court if they wish.
· Cases for Which Arbitration May Be Appropriate
Arbitration is an excellent choice for cases where the parties want another person to decide the outcome of their dispute for them. It may also be appropriate for complex issues where the parties want a decision-maker with experience or training in the subject matter of the dispute. And in doing so, avoid a trial’s formality, time, and expense.
· Cases for Which Arbitration May Not Be Appropriate
Arbitration may not be appropriate for cases where the parties want to have their day in court. This is because arbitration is a private process, and the arbitrator’s decision is final. Also, arbitration may not be appropriate for cases where the issues are simple and can be easily resolved by the parties themselves.
Neutral Evaluation
Neutral evaluation is a process in which a neutral third party (an evaluator) meets with the parties to a dispute and evaluates the merits of their respective positions. The evaluator is often an expert in the subject matter of the dispute. The neutral evaluator does not make a binding decision but instead provides an opinion that can help the parties resolve their dispute.
· Cases for Which Neutral Evaluation May Be Appropriate
A neutral evaluation may be appropriate for technical disputes requiring special expertise to resolve.
· Cases for Which Neutral Evaluation May Not Be Appropriate
A neutral evaluation may not be appropriate when significant personal or emotional barriers exist to resolving the dispute.
Independent Negotiation
This form of alternative dispute resolution is often overlooked because of how obvious it is. Independent negotiation is a process in which the parties to a dispute meet with each other and attempt to resolve their differences without the involvement of a third party. This type of dispute resolution can be effective when the parties have a good working relationship and are willing to communicate openly with each other. The parties may choose to be represented by their attorneys during negotiations.
Do I Need an Attorney for Assistance with Alternative Dispute Resolution?
No, you are not required to have an attorney to participate in alternative dispute resolution, but it is generally recommended. An attorney can help ensure that your rights are protected and that you understand the process and the potential outcomes. One advantage is their ability to help you decide the type of ADR that is right for your case. They can also provide representation during alternative dispute resolution proceedings and provide consultations and strategy meetings beforehand. If you choose to use an attorney, select one with experience in alternative dispute resolution.
Saanichton Law Group Attorneys Can Help!
If you’re facing a disputed matter and looking for professional assistance in Saanichton, BC, Saanichton Law Group is here to help. Our attorneys will ensure your matter reaches a fair resolution through alternative dispute resolution or the Adjudicative process. Therefore, you can be confident that you’re in safe hands.
For more information on the process, please get in touch with one of our attorneys at 250.5440.727 or email us at info@saanichtonlaw.com
