How does an alternative dispute resolution process work?
Alternative Dispute Resolution (ADR) is a form of dispute resolution available in Utah in which two or more parties agree to resolve their dispute outside of court through a mutually agreed upon process. ADR can involve the use of an impartial third party, such as a mediator or arbitrator, to assist in creating a resolution. Mediation is a popular type of ADR in which a mediator facilitates the communication between all parties involved in the dispute to help them reach a resolution. The mediator is an impartial third-party who is not involved in the dispute and does not make any decisions. Instead, the mediator offers guidance and assistance as the parties communicate to try to come to an agreement. The mediator can help the parties structure the conversation and explore different options to find a resolution. In arbitration, an arbitrator is appointed to listen to the facts of the dispute and make a decision based on the evidence presented. Unlike a mediator, an arbitrator does have the power to make binding decisions that can be enforced by the court. ADR processes are beneficial because they can help parties reach a resolution in a more timely and cost-effective manner than traditional court proceedings. They can also allow for more innovative resolutions that the court cannot provide, as well as maintain privacy. ADR processes can also help parties restore or strengthen their relationship, which can be beneficial if the parties will need to continue working together in the future.
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