What are the different types of alternative dispute resolution?

Alternative Dispute Resolution (ADR) is a set of legal strategies aimed at resolving disputes without the need for a full trial. ADR can include negotiation, arbitration, conciliation, and other non-traditional processes. Negotiation is the most basic form of ADR. In negotiation, the parties involved in the dispute come together in a private setting to attempt to work out an agreement. This is often done with the help of a mediator who can provide calm and impartial guidance as the parties negotiate with one another. Arbitration is the next step in ADR. In an arbitration, both parties present their case to an arbitrator who has the authority to make a binding decision on the dispute. This process is typically faster and cheaper than going to court. Conciliation is similar to arbitration, but the decision made by the conciliator is non-binding. This means that, if either party does not accept the outcome of the conciliation process, they could still take the matter to court. Finally, there is a form of ADR known as “collaborative law”. In this process, both parties and their lawyers enter into an agreement to come to an agreement outside of court. Both parties agree to the process and are committed to following it. This process is often used in family law cases and is used to resolve issues such as divorce, child custody and support, and property division. In Maryland, all of these forms of ADR are legally binding and can often avoid expensive, drawn-out court proceedings. The decision of the ADR process is typically just as binding as a decision made in court, so it is important to know all of your options before deciding how to proceed with a dispute.

Related FAQs

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What issues can be addressed through ADR?
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