What is Alternative Dispute Resolution?
Disagreements can arise in many different situations, from disputes among divorcing spouses to business owners who cannot agree on how a company should be operated. In a great many cases, parties involved in disputes will turn to the legal system to resolve their disagreement. From breach of contract cases to personal injury claims, the field of civil litigation is very broad and the court system can be put to work by individuals as well as by companies large and small.
Unfortunately, litigating a case in court can sometimes be very costly. It is always adversarial since someone will win and someone will lose. This means that going to court may not make sense in all situations. Alternative dispute resolution, or ADR, provides a different option.
If you wish to consider alternative dispute resolution for your case, you need an experienced Las Vegas litigation lawyer who can help. Pintar Albiston, LLP attorneys have represented many clients who have resolved claims through alternative dispute resolution. Call or contact us today to learn about how we can help with your case.
Understanding Alternative Dispute Resolution
Alternative dispute resolution, as the name implies, is a way to resolve disputes or disagreements outside of the formal court litigation process. There are different types of ADR including:
- Arbitration: A third party arbitrator will hear the arguments presented by parties involved in the dispute and will make a binding decision on how the disagreement should be resolved.
- Mediation: Parties involved in the dispute will work with a third party who often has a background in behavioral science or psychology. The mediator will facilitate discussion so the parties can come to an agreement on their own.
- Collaborative divorce: This specific type of ADR is used when a couple decides to dissolve their marriage and works with a professional to come to an agreement on a divorce settlement.
- Case evaluation: Each of the parties involved in the disagreement makes arguments to a third party, who then gives an opinion on the strength of the cases. This can help facilitate settlement negotiations by giving the involved parties a better understanding of how a judge or jury will view the merits of their claim.
Each of these different methods takes a different approach to resolving disputes outside of court. Still, the different ADR methods have some common advantages. All of the ADR options may be less costly and less stressful than court. Information can also be kept more private when alternative dispute resolution is utilized, whereas court records are generally public. Experts who are familiar with the subject of the dispute may also be employed to assist with the ADR process. For example, an arbitrator familiar with a particular industry could be chosen to resolve a dispute among companies within that field.
Is Alternative Dispute Resolution Right for You?
Whether alternative dispute resolution is right for you depends upon your situation. In some cases, such as when you have signed an arbitration agreement, ADR is not voluntary. In other situations, you may choose ADR because it is the best and simplest way to resolve a disagreement.