How are decisions made in an alternative dispute resolution process?

In South Carolina, alternative dispute resolution (ADR) is a process used to resolve disputes without going through the court system. This process usually includes mediation, arbitration, or negotiation. When parties choose mediation, a neutral third-party mediator is used to help the two parties communicate and come to an agreement. The mediator does not make a decision and does not offer legal advice. Instead, the mediator assists the parties in developing various options for resolutions and communicating their needs. Ultimately, the parties are responsible for agreeing to a resolution that is satisfactory to both sides. When parties choose arbitration, an arbitrator is appointed to act as a judge and make a decision on how to resolve the dispute. This is a binding process, meaning that the arbitrator’s decision is final and cannot be appealed. The decision of the arbitrator is based upon the evidence and information presented to them by both parties and the arbitrator’s own knowledge and expertise. Finally, parties can choose to negotiate on their own to resolve the dispute. This allows the parties to use their own skills and knowledge to discuss and come to a resolution without the involvement of a third-party mediator or arbitrator. However, it is important to ensure that both parties are heard and that each party understands the agreement before it is finalized. Overall, there are three primary ways in which decisions are made in an alternative dispute resolution process: mediation, arbitration, and negotiation. All three processes are designed to help the parties reach an agreement that is satisfactory to both sides and that can help avoid costly and time-consuming litigation.

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