What is alternative dispute resolution (ADR)?
Alternative dispute resolution (ADR) is a type of law in South Carolina that allows disputing parties to resolve differences without involving a court of law. ADR can include various forms of negotiation, mediation, and arbitration. Negotiations are discussions between the parties involved in an effort to reach a mutually acceptable agreement. During negotiation, the parties can present their arguments and suggest solutions to the problem at hand. Often, the parties’ attorneys act as facilitators to help the process move forward. Mediation is a process where the parties can meet with a neutral third party. The mediator does not make decisions for the parties, but rather works to identify and clarify issues and encourage the parties to reach a settlement agreement. Arbitration is a process where the parties agree to submit their dispute to a neutral third party. This third party, or arbitrator, listens to both sides, and then issues a binding ruling. ADR offers several advantages over traditional court proceedings, such as saving time and money. In addition, many argue that the process encourages creativity, as the parties are encouraged to work towards a solution that works for everyone. Finally, ADR allows the parties to have more control over the outcome of the dispute. ADR is becoming increasingly popular in South Carolina, and is a useful tool for those looking to resolve differences without involving the court system.
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