Alternative Dispute Resolution (ADR) Is A Good Way To Resolve Disputes

By Jack Erler, Mediator, Founder of CTResolution™

Today alternative dispute resolution (ADR) is everywhere. There are provisions for ADR in many agreements, including leases, purchase and sales, joint venture, partnership, agency, and commercial contracts. ADR is used at all levels of court proceedings. ADR is found in statutory provisions and in government rule making.

Why is this so? Disputants find ADR is more satisfactory than litigation for two important reasons. First, disputants feel like they really have been heard in an ADR process. In addition, disputants feel better about the resolution when they have brought it about, not some unknown judge or jury.

Here are some more advantages of ADR:

Saves time and money. Nothing is more expensive than litigation in terms of lawyers’ and disputants’ time; and time is money.
Win/Win. ADR helps parties find a resolution in which both parties are satisfied with the outcome. Going to trial is a win/lose proposition.
Expert neutral. The parties can select a neutral with legal experience in the kind of dispute between them.
Privacy. The ADR process is not open to the public. The dispute can be resolved without unwanted publicity.
Confidentiality. The parties can discuss openly and honestly all the issues of the case without concern that their statements can be used against them in court if the matter isn’t settled.
Jumpstart negotiations. Often cases get bogged down in the legal wrangling of litigation. Moving to an ADR process such as mediation will get the focus back on the substantive issues and resolve the matter more quickly.
Saves the relationship between the parties. If the parties are going to be dealing with each other during and/or after the dispute they need to maintain a relationship. There’s nothing more destructive to a relationship than litigation.
Settlement compliance. The parties are more likely to comply with a settlement that is voluntarily worked out rather than decided by the court.

For all these reasons, ADR is a good way to resolve a dispute whether you’re in court or not. If you have any questions about ADR, contact Jack at 775-2507 or jerler@curtisthaxter.com.

Disclaimer: Nothing in this article should be taken as legal advice for any individual case or situation. The information in this article is intended to be general in nature and should not be relied upon for any specific situation. You should consult with an experienced attorney before using the information in this article.