What are the rules for alternative dispute resolution?

Alternative dispute resolution (ADR) is a process in which the parties to a dispute come to an agreement without going through a court trial. In Delaware, there are several options for alternative dispute resolution, including arbitration, mediation, and collaborative law. Arbitration is a procedure in which a neutral third-party (the arbitrator) reviews the facts of the case and renders a decision. The parties usually agree to be bound by the arbitrator’s decision and do not have the right to appeal or have the decision overturned. Mediation is a process where the parties to a dispute meet with a neutral third-party (the mediator) to try to come to an agreement on their own. The mediator facilitates communication between the parties, helping them to avoid conflict and find common ground. Collaborative law is a process in which the parties to a dispute meet with their attorneys and negotiate with each other to reach an agreement. During the process, the attorneys agree to not take the case to court and to support their clients in reaching a mutually satisfactory agreement. All three of these methods of alternative dispute resolution are meant to reduce the costs of litigation and help the parties reach a quick resolution. Delaware encourages parties to try alternative dispute resolution processes before going to court, as it can save time and money.

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