Conflicts are bound to arise in personal and business dealings. Normally with a little clarification, some give and take, conflicts are resolved. However, there are times when conflicts are more complex, if money, legalities, or reputations are at risk, or there is a principle to be reckoned with. When conflict resolution becomes contentious, it time to seek professional help. At these times people turn to alternative dispute resolution services for the solution.
Alternative dispute resolution, ADR, will take typically take one of two paths: mediation or arbitration. ADR is the alternative to settling variances with a lawyer and court. Using this avenue to resolve differences, quarreling parties save money and time, and reduce long term discord.
Mediation is the less formal of two conflict resolution processes. Parties agree to meet with a mediator, and work out the differences or dissonance. The third party mediator, generally a certified mediator, facilitates discussion and optimally some agreement will be reached. Mediation is not binding, meaning parties can change their minds after the process and may still decide to retain a lawyer and file suit.
Arbitration, the more formal alternative to mediation also uses the services of a third party. The distinction is that this person must be a lawyer or a judge, and generally the agreement is considered binding arbitration. Both parties agree to adhere to the resolution and may not choose to go to court over the issue at a later date. Most everyone must sign an agreement for arbitration when using any medical services.
Without legal fees and waiting for court dates, alternative dispute resolution services typically proves to provide more satisfaction for both parties at the end. As the third party facilitates a give and take means of resolution, all parties are significantly more content with the outcome. ADR also is less contentious than a lawyer vs. lawyer path. As relationships are preserved, this resolution route is preferable in cases of divorce and other family matters.
It is important to note that it is common for courts to demand some sort of alternative dispute resolution before a court date will be set. The thought is that ADR will result in resolution without tying up the already overburdened court.
Less adversarial, cheaper, and quicker than going to court to settle disputes, alternative dispute resolution, using a third party mediator or arbitrator, is the preferred conflict resolution for many civil disputes.
AUTHOR INFO Once a dispute has arisen, Palecek, Morrison & Associates LLP strongly advises alternative dispute resolution, ADR services San Diego, as a first course of action especially where costs of litigation may likely exceed the benefits. If you or someone you know is faced with a potential dispute Palecek, Morrison & Associates LLP mediation San Diego can help.
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