ADR, or alternative dispute resolution, is the process of solving legal issues without litigation. In some situations ADR is preferable because it serves as a more affordable and less time consuming option to problem solving. The three forms of ADR are mediation, arbitration, and negotiation as an Arlington, TX estate litigation lawyer who has been rated by Super Lawyers can share.
Mediation
Mediation requires a person to be present – a mediator- when the two parties are discussing a compromise. This mediator guides the conversation and helps both parties come to a conclusion. The mediator may not inflict their own views on the problem or take any bias. Anything that one party discusses with the mediator has to stay confidential and cannot be shared with the other party. Mediation is commonly used in most civil cases like family law, probate, and estate law. However, it can happen in business cases too with a business lawyer. Mediation can be a preferable option because it is less expensive and both parties can reach an agreement. Sometimes the outcome of the mediation can even be legally enforceable as well — but it should be noted that mediation is different from litigation. To prepare for mediation, ask your lawyer what things you should and should not compromise on, that will help the mediation flow smoothly and with the least amount of issues. If either party has been abusive in the relationship (commonly in family law cases) make a request to avoid mediation.
Arbitration
Arbitration is a form of ADR where a party is appointed arbitrator to resolve the claim. This form of ADR is used usually to clove claims quickly due to time restraints and to avoid the complexity of litigation. The arbitrator has to be neutral, and typically is an expert in the field of law that is being discussed. The final decision made can be binding or non-binding, as it is up to the parties to make that decision.The decision can also be legally enforceable, much like a decision stemming from litigation. Arbitration provides another opportunity to settle disputes in a timely and wallet friendly manner.
Negotiation
Negotiations are used most often when deciding settlements in law. Negotiation is a process where both parties discuss what they can and cannot give up to reach a reasonable conclusion. The purpose of negotiation is to provide an outcome where both parties can walk out of the case happy. Negotiation can be used before or after a suit has been filed, making it the more versatile option than others. Negotiations are also overseen by attorneys on each
side, the end goal being to have both parties leaving with having made equal compromise.
These ADR options can provide a less time consuming and less expensive option to legal issue resolution. Contact a lawyer who has received a 10.0 rating from Avvo at the Brandy Austin Law Firm to learn more about these options.
