Three Things You Should Know About Using An Alternative Dispute Resolution Service
Although civil disputes are often settled in front of a jury with both sides having attorneys arguing their positions, it is more common for lawyers to settle for their clients' disputes outside of a court of law. However, there exists an alternative to settling disputes that doesn't involve the courts, and often doesn't involve lawyers. Known as alternative dispute resolution, there are a few things you should know about this service.
They offer mediation services
It is sometimes the case that the biggest issue between two parties is that they simply are not communicating with each other. Neither party is listening to what the other is saying. In this situation, the issue is not likely to improve when each individual has an attorney because this can create greater antagonism. Each lawyer is working on behalf of their client, and they are trying to get the best outcome possible. This situation doesn't usually lend itself to good communication between parties. A mediator, on the other hand, can do the job of listening to both sides, even functioning as a referee of sorts. Simply having a mediator in a dispute can lead to solutions that neither party had thought of before.
They offer arbitration services
Although arbitration is part mediation, an arbitrator will also propose solutions that may be acceptable to both parties. An arbitrator is an individual whose only interest is creating a solution that is acceptable to both parties, but is working impartially. This is much different than lawyers who represent only one side of a dispute. An individual, without a bias, can be exactly what two parties in a civil dispute need to resolve their problem. Arbitration means working towards a solution with the least amount of conflict possible.
They are lower in cost
Alternative dispute resolution services are usually not done by lawyers. This brings down the cost of resolving a civil dispute. In addition, because an emphasis is placed on resolution and not conflict, the time it takes to solve the conflict is generally shorter. You will also avoid going to court; civil lawsuits become very expensive when you need a judge and jury. Many of these services are offered by paralegals who have a knowledge of the law. While they will not dispense legal advice, you solution will be within a legal framework. Once both parties are satisfied, an agreement can be drawn up.
Depending upon the state you live in, many of these resolution services are overseen by the courts. Successful resolutions to civil conflicts mean the courts will have fewer bottlenecks from an excess of civil lawsuits. Before you go down the expensive road of a lawsuit, you should explore the options available to you in your jurisdiction with this type of service.
Share