Partner Article

Alternatives To Lawsuits

When a dispute arises between two parties, their first reaction might be to march to the nearest court. In court, they discover their case will take ages to be resolved by the judges, that they would spend a little fortune paying their lawyers, or a less expensive approach with a site like LegalZoom, they realize (perhaps too late) that they would be spending a massive amount of time and resources just to resolve their dispute. Moreover, in the end, the cordial relationship previously existing could have been irreparably damaged due to the lawsuit.

Is there a better way? Fortunately, YES!

There are alternatives to lawsuits: ADR. Little wonder it’s called Alternative Dispute Resolution. ADR is made of several components, but the most popular are Mediation, Arbitration and Conciliation. Some other not so popular ones are Ombudsman, Adjudication and Neutral Evaluation.

Mediation

This is the most popular lawsuit alternative for disputes involving marriage and family. One notable feature about mediation is that it doesn’t operate the winner takes all approach, instead efforts are made to try to meet the needs of both parties as much as possible.

Negotiation

Probably the only ADR the parties themselves sit in the pilot seat, but they still retain the right to employ professionals like lawyers to do the talks on their behalf. Whichever method is adopted depends on the complexity of the matter.

Arbitration

Most formal of all the other ADR. It’s usually provided for by parties in their relationship agreement. Arbitration is mandatory for certain disputes especially those in the business sector or simple landlord and tenant agreement. A trained arbitrator, either previously selected by the parties or selected after the dispute will hear the case and grant an award.

Pros

Choosing ADR as a lawsuit alternative has lots of benefits which are:

Cost effective, you’ll spend less than a quarter of the money you would’ve spent in a lawsuit. Time. Rather than spending months or even years in court ADR can have your dispute resolved even in one sitting. Court proceedings are open to the general public be it a messy divorce or some other private affair. But with ADR which features the needed confidential mode, the only parties allowed in are the parties involved and their representatives. ADR proceedings are less formal and not subject to technicalities, and it’s not just because you’re not in court sweating under a judge’s stern stare. Those cordial relationships that existed before the dispute can be preserved with ADR. Cons

Not every situation is a good fit for ADR.

Criminal cases cannot be settled through ADR. ADR decisions are on their own not binding until the court endorses it with both parties approval. Where one party objects to ADR, the other is left with no other choice than to go to court.

Before taking the lawsuit route, ask your lawyer what your chances are with ADR.

This was posted in Bdaily's Members' News section by Mark Jordge .