What is alternative dispute resolution and how can it be used in international litigation?
Alternative dispute resolution (ADR) is a way of settling disagreements without going to court. ADR can be used to settle disputes between two parties without involving a judge or jury. ADR can be used for all types of international litigation, including commercial, civil, and criminal cases. ADR allows for an informal process for parties to discuss their issues, discuss potential solutions, and work towards an amicable agreement. ADR can be used to resolve legal disputes without the expense and time needed to litigate. Through this process, parties can reach a mutual agreement that can be more beneficial than a judicial decision. In Massachusetts, ADR options available for international litigation include negotiation, conciliation, arbitration, and mediation. Negotiation is a discussion between the two parties in which the parties attempt to come to an agreement. Conciliation is the process of bringing in a neutral third party who can help resolve the dispute. Arbitration involves the use of an independent third party (the arbitrator) to hear evidence from both sides and make a decision. Mediation is the process of bringing in a neutral third party to act as a mediator in the dispute. Using ADR for international litigation can help to resolve disputes quickly and with minimal expense. In Massachusetts, parties can choose from a variety of ADR options, which can be used in an informal setting and result in a mutually agreed-upon resolution.
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