In a new article, Richard E. Smalley, Esq. explains Alternative Dispute Resolution
Alternative dispute resolution, or ADR, is an umbrella term used for methods of dispute settlement outside of the courtroom, with the help of a neutral third party. Attorney Richard Emory Smalley, III explains in his new article.
By: The Smalley Law Firm
In view of the increasing costs of lawsuits and the time it takes to settle a dispute through litigation, ADR programs present viable alternative solutions. They are not only more expeditious and less costly, but also allow for more creative solutions that may be outside the court's jurisdiction.
Unlike court cases, which are generally adversarial, ADR programs allow the disputing parties to better understand each other's position. As a result, they are more likely to collaborate and reach a mutually acceptable solution.
While there are many ways to settle disputes outside of the court, mediation and arbitration are the most commonly used methods. Performed by a neutral third-party – a trained individual – mediation is an informal process to facilitate negotiations between the disputing parties and help them reach a consensus.
The role of the mediator is to help both the parties break the deadlock, explore their options and find a mutually agreeable solution. For this, the mediator may talk to the involved parties together or separately.
While mediators can facilitate the process by providing options for possible solutions or by guiding the disputants, they cannot enforce anything. Also, they have to stay impartial throughout the process.
ADR processes are a compelling alternative to court trials. They not only allow for quick settlement of disputes and are less costly, but also increase the chances of finding a solution that is acceptable to both the disputing parties. While there are many different methods of alternative dispute resolution, such as case conferencing, neutral evaluation, parenting coordination, and conciliation, mediation and arbitration are most commonly used.
Richard E. Smalley, III is an attorney in Norman, Oklahoma.
The Smalley Law Firm
Norman, Oklahoma, Richard E. Smalley, Esq.