How are decisions made in an alternative dispute resolution process?

Alternative dispute resolution (ADR) is a way for parties to settle disagreements without going to court. In California, typical forms of ADR include arbitration, mediation, collaborative law, and negotiation. In all forms of ADR, decisions are made based on evidence and facts presented during the dispute resolution process. In arbitration, a neutral third-party called an arbitrator reviews the facts and evidence presented by both parties and makes a decision. The arbitrator considers the evidence and makes a ruling based on applicable laws and regulations. The arbitrator’s decision may be binding or non-binding, depending on the agreement between the parties. In mediation, a neutral third-party called a mediator listens to both parties and attempts to facilitate a solution. The mediator does not make a ruling or decision, but instead works to help the parties reach an agreement that is acceptable to both sides. In collaborative law, the parties work together with their lawyers to reach a resolution without going to court. This form of dispute resolution encourages parties to work together openly and honestly. The lawyers and parties agree on a resolution that is mutually beneficial. Finally, negotiation is a form of dispute resolution where the parties communicate directly with each other to reach a mutually beneficial agreement. The parties discuss their positions and come to an agreement on their own. Negotiations are usually non-binding, meaning that one party cannot be forced to accept an agreement they do not want. In all forms of alternative dispute resolution, decisions are made based on the facts and evidence presented during the process. Arbitration and mediation involve a neutral third-party making a decision based on the evidence presented. Collaborative law and negotiation involve the parties working together to reach a mutually beneficial agreement.

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How are decisions made in an alternative dispute resolution process?

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