ADR also known as Alternate Dispute Resolution Service. Using ADR helps people with more opportunity to determine that how and when dispute can be resolved. Also Alternate Dispute Resolution is cheaper, more time saving and less formal as well.
One may get many benefits if opts for ADR. However, it depends on ADR process used and situation it is executed for any certain case.
Mostly the ADR types for civil cases are Mediation, arbitration.
In mediation, Neutral person who is a “mediator” assist the involved parties to mutually accept and agreement for resolution of the dispute. He(mediator) is not responsible to decide the dispute but helps the connected parties to connect and resolve the dispute between them. It is also known as out of court settlement.
In arbitration “arbitrator” a neutral person listen to the involved parties with the evidences and then gives the decision of the disputes. In Arbitration rule regarding the evidences are less formal.
There are two type of Arbitration “binding” or “nonbinding.”
Binding arbitration is the one where the parties agree that decision given by arbitrator will be considered as final and right to trail is waived. However, on arbitrators’ decision there is no right to appeal an arbitrator’s decision.
Where Nonbinding arbitration is the one where parties have all the right to request for a trail if in case they don’t agree with the decision which the arbitrator has give.
Benefits of ADR
Alternate Dispute Resolution has many benefits, depending on process type through which the case is being resolved. Below mentioned are some of the potential benefits of ADR
Often disputes can be settled using alternative disputes resolution in much lesser time. Matter which could take year or more bringing lawsuit have been minimize to months or weeks even.
When settlements are made using ADR, the parties save the expense which they would have made on attorney or court fees, even experts’ fee and litigation expenses are also saved.
More Control over Process and Increase & it’s Result
For ADR, parties typically act more responsibly for both the process and its result. Mostly ADR processes, parties have more chances to tell the story of their side as compared to the opportunity they may have in trail. Using Mediation one of the process of ADR, parties have option available for creative resolution which will never be available in court. However, using Arbitration another ADR process one applies for an expert in a particular field to settle disputes.
ADR is less confrontational & less aggressive way to resolve your dispute e.g. a professional mediator can assist both the parties with effectively to make each other’s point clear. This surely will be advantageous where parties want to preserve relation with each other.
There always would be winner/looser debate when talking about a trail. Where ADR helps find a win-win solution for involved parties. This may increase the satisfaction level of the involved parties resulting in dispute resolution with possible results.
ADR not only benefits the clients but also to attorney, as the client take him as problem-solvers, Hence good word of mouth for saving cost, time and maintaining relation will bring new client to attorney.