What is an ‘alternative dispute resolution’?

Alternative dispute resolution (ADR) is a form of dispute resolution used to settle disputes outside of the traditional court system. This form of dispute resolution is designed to provide a more efficient and less expensive resolution than going to trial. ADR can include methods such as negotiation, mediation, arbitration, and other less formal methods. Negotiation is when parties involved in the dispute try to resolve the dispute through direct discussions. Mediation is when an impartial third-party, known as a mediator, helps the parties involved to come to an agreement. This process requires the parties to communicate their positions in order to come up with creative solutions. The mediator does not decide the outcome, but merely serves as a facilitator between the parties. Arbitration is when a third-party neutral person (known as an arbitrator) is chosen to hear both sides of the dispute and come to a decision. Arbitration is usually binding, which means the decision made is final. In alternative dispute resolution, the parties involved are able to select the person to settle the dispute, which keeps the power in the hands of the parties and also increases the chances of a satisfactory resolution. In South Carolina, there are organizations that offer ADR services. These services can help parties involved in disputes to reach a satisfactory resolution without the need to go to court. This is a cost-effective and efficient way to resolve disputes, and can prevent costly and lengthy litigation.

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