Does an alternative dispute resolution process involve a trial?
No, an alternative dispute resolution process does not involve a trial in the traditional sense. Alternative dispute resolution (ADR) is a legal process which is designed to avoid litigation by utilizing alternative methods of dispute resolution such as negotiation, mediation, arbitration, and collaborative law. In some cases, ADR will be used to resolve issues without going to court. Negotiation is the simplest form of ADR, in which both parties work together directly to try to settle their dispute. Mediation involves a neutral third party, such as a mediator, who facilitates the negotiation process by helping the parties come to an agreement. Arbitration is similar to mediation, but the third-party arbitrator makes a final decision that is binding on the parties. Collaborative law is a more structured type of ADR in which each party works with their respective attorneys to come to a settlement that is acceptable to all parties. In all of these forms of ADR, no trial is involved. The parties involved in the dispute are able to come to an agreement without having to appear before a judge and jury in a court of law. It is an appealing option for many involved in a dispute because it is often less time consuming and costly than a traditional court trial. In Florida, ADR is used in many civil matters, however, some criminal matters may not be eligible for alternative dispute resolution.
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