How are decisions made in an alternative dispute resolution process?
In an alternative dispute resolution (ADR) process in Washington, decisions are made in a variety of ways depending on the specific situation. Generally, the parties involved in the dispute must agree to use an ADR process in order to resolve their differences. One type of ADR process is mediation, which involves a neutral third party called a mediator. The mediator helps the parties to reach a mutually acceptable agreement without involving a judge or jury. During mediation, the mediator facilitates the discussion between the parties and helps them to explore options for resolution. The parties usually make their own decisions, though the mediator may offer recommendations or advice. In arbitration, the parties involved agree to have a binding decision made by an arbitrator. The arbitrator will listen to the evidence presented by both sides, consider the applicable law, and make a decision that is legally binding on the parties. In collaborative law, the parties involved work together to resolve the dispute. They work with one another and their attorneys to develop a plan for resolution without involving the court. The parties make the ultimate decision about the outcome of the dispute. Finally, in some cases, the parties may agree to a neutral evaluation, in which an experienced third party listens to the issues presented by both sides and makes a non-binding recommendation or opinion. The parties may accept the recommendation or reject it and seek other options. No matter the type of ADR process used, the parties must agree on the decision for it to be legally binding. The decision-making process may be different depending on the situation, but the parties must reach a mutually acceptable agreement in order to resolve the dispute.
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