There are times when two or more parties are unable to resolve a dispute, or reach an agreement for example, in a breach of contract matter the parties may fail to reach a resolution and long terms work relations may also be put at risk. An Alternative Dispute Resolution (ADR) method may be useful in these situations to assist parties to settle disagreements without going through the court litigation process.
ADR has become extremely popular and is considered at the early stages of a dispute in an attempt to avoid court proceedings, as well as during the litigation process.
There are typically four Alternative Dispute Resolution methods and I will briefly discuss these below:
- Negotiation – This method of Alternative Dispute Resolution involves a discussion between two or more parties involved in a dispute with the aim of persuading the other to reach an agreement. The parties agree to strategically discuss their issues and points of view in an attempt to reach an acceptable resolution and to settle the case out of court. The ultimate goal should be to reach a resolution by compromise by all the parties involved.
- Mediation – This method of Alternative Dispute Resolution is a process where an impartial mediator interacts and assists the parties to communicate in an attempt to solve the disputes in either business, or personal relationships. For example, in divorce proceedings a mediator will work to help the parties come to an amicable decision to divide up assets or property. The mediator remains neutral at all times and has no decision-making authority. This ADR method primarily focuses on the important issues at dispute and the need to narrow those issues to reach a resolution for the parties involved.
- Collaborative Law – This ADR process is used in divorce cases when there is a family breakdown and couples decided to separate. The parties will appoint impartial third parties to assist them to communicate to reach decisions. For example, parents may choose this ADR method to protect and safeguard their children.
- Arbitration – This Alternative Dispute Resolution method is often used by businesses in the resolution of commercial disputes. Arbitration is a private process unlike litigation in court and is usually quicker and cheaper. An arbitrator, who is a neutral and unbiased third party will listen to the statements of each party and has the right to give a binding decision.
If you are going through any legal action, or legal dispute and you want to attempt ADR to try and achieve a settlement, this post may be helpful.
Alternative Dispute Resolution is rapidly gaining popularity because it can be a quicker and more cost effective way to resolve disputes than going to court. If you want further guidance on Alternative Dispute Resolution methods, please visit AJames Solicitors website for more information, or contact them on: 0161 791 6666/07729461166 for any legal queries, or send a message with your enquiry using the link below and a member of the team will contact you: https://www.ajamessolicitors.com/contact
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