What types of cases are not suitable for alternative dispute resolution?

Alternative dispute resolution (ADR) is an effective way to resolve legal disputes without having to go to court. In Washington, ADR includes arbitration, mediation, and negotiation, and can be used for disputes related to family law, contract law, and many other areas. However, not all types of cases are suitable for ADR. Criminal cases cannot be handled by an ADR process. This is because there are very serious consequences associated with criminal cases, such as jail time or fines, and ADR processes do not have the power to award punishments. Similarly, cases involving the interpretation of a law or the application of a law are not suitable for ADR. This is because courts are better suited to interpret and apply the law. Cases where one of the parties is a minor or a person who is deemed legally incompetent cannot be handled through ADR. This is because minors and legally incompetent persons do not have legal capacity to enter into a binding agreement. Additionally, parties must be willing to come to an agreement in order for the process to work, but minors and legally incompetent persons may not be able to do so. Cases involving public policy issues are also not suitable for ADR. This is because many public policies are set by the government and the outcome of a case should reflect the laws and policies set by the government. Finally, cases which require the court to make an order, such as an order of protection or an eviction, are not suitable for ADR since courts have the power to make such orders, which ADR cannot do.

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