How does an alternative dispute resolution process work?

Alternative Dispute Resolution (ADR) is an umbrella term used to describe a wide range of dispute-resolution processes that are non-judicial. ADR processes typically involve informal discussions between two parties to attempt to resolve the dispute without the need to take it to court. In South Carolina, the most common type of ADR is mediation. In mediation, an impartial third-party mediator is appointed to mediate between the two parties, typically facilitated by a lawyer. The mediator helps the parties explore the issues and brainstorm solutions. The purpose of the mediation is to help the parties reach a mutually agreeable solution. The next step in the ADR process is often arbitration, which is a more formal process than mediation. Arbitration involves a hearing in which the two parties present evidence and have their arguments heard by a neutral third-party arbitrator. The arbitrator will then make a decision about the outcome, which is binding and usually cannot be appealed. The final step in the process is often a nonbinding negotiation, in which the two parties attempt to come to a settlement agreement on their own. If they are unable to reach a settlement, the case can be taken to court or referred back to mediation. Through the process of ADR, parties are able to come to an agreement without expensive and lengthy court proceedings. ADR processes help the parties maintain amicable relationships and often result in a resolution that satisfies both parties’ needs.

Related FAQs

How is the issue of confidentiality treated in a collaborative law process?
What is collaborative law?
What is the process for selecting a mediator?
What happens if an agreement is not reached during an alternative dispute resolution process?
What types of disputes can be addressed through private judging systems?
How are decisions made in an alternative dispute resolution process?
What types of evidence can be presented at a collaborative law process?
Do the parties need to be represented by attorneys during an alternative dispute resolution process?
What are the benefits of using a private judging system?
How is the issue of confidentiality treated in an alternative dispute resolution process?

How does an alternative dispute resolution process work?

Related FAQs

Related Blog Posts