How are decisions made in an alternative dispute resolution process?

In New Hampshire, Alternative Dispute Resolution (ADR) is an alternative to going to court. In ADR, parties to a dispute voluntarily participate in a process to resolve the conflict. The process can be tailored to the specific needs of the parties and can be facilitated by a neutral third-party such as a mediator or arbitrator. When parties participate in a mediation, the mediator will facilitate a conversation between the parties and assists them in reaching a mutual agreement. Decisions are made by the parties themselves based on their own understanding of the dispute and the interests of the parties involved. The mediator’s role is to help the parties reach a satisfactory agreement that is agreeable to both sides. In arbitration, the decision about the dispute is made by an independent third-party arbitrator. The arbitrator will listen to the arguments and evidence presented by each party and make a decision. The decision of the arbitrator is binding and cannot be appealed, so parties must be prepared to accept the outcome. In both mediation and arbitration, the parties may agree to be bound by the decision of the mediator or arbitrator, depending on the situation. The decision-making process used in ADR is generally more efficient and cost effective than a court trial. This is because the process is generally less formal and allows the parties to reach a resolution faster.

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