When dealing with legal issues, one often worries about the process it will take to resolve the problem. Estate problems or any other type of legal dispute usually means going to court. While this can be an effective way to reach a final order, it is not the only way a resolution can be reached. Alternative dispute resolution (ADR) can be an effective way to reach a fair resolution, providing individuals in California and elsewhere with benefits litigation often cannot offer.
Using ADR can provide a wide variety of benefits, and these benefits are often dependent on the type of ADR utilized. The first type of ADR is mediation. This is when a neutral party known as a mediator helps facilitate the conversation that helps the parties reach a resolution to their disputes. The next is arbitration, which is where a neutral party known as an arbitrator listens to the arguments from each side, deciding the outcome of the dispute.
A third method is known as neutral evaluation. In this method, each party to the dispute presents their case to an evaluator. The evaluator gives an opinion on the strengths and weaknesses for each side, pointing out how the dispute could be resolved. The final method is a settlement conference. This could be mandatory or voluntary, and it is when the parties and their attorneys meet with either a judge or a neutral party to discuss the possibility of settling the dispute.
No matter what type of ADR one chooses, it is important to understand the benefits that might be enjoyed when compared to the traditional method of litigation. To begin, it can save time. Resolutions are often reached much sooner, taking sometimes a significant less amount of time. And because it can be resolved much quicker, this allows the parties to save money as well. Other noteworthy benefits include the increased control over the process and outcome of the matter, the ability to preserve relationships and increased satisfaction.
When deciding how to resolve a legal dispute, it is important to consider what options you might have. Considering ADR processes such as mediation can be very beneficial if the parties to the dispute are willing to go through the process and resolve the issue at hand.
Source: courts.ca.gov, “ADR Types & Benefits,” accessed April 1, 2018