What is Alternative Dispute Resolution or ADR?
Alternative Dispute Resolution or ADR has many forms, such as: • Mediation, with or without attorneys for the parties • Collaborative Law, both in General Disputes and Separation, Divorce, and Family Law • Arbitration ADR is different from litigation. In litigation, the parties are adversaries and a judge makes the final decision for the parties. However, in Mediation and Collaborative Law, the parties work together to decide themselves how best to resolve their situation to suit everyone’s needs. ADR is a “win-win” process, whereas litigation is “win-lose”. Arbitration, on the other hand, is similar to litigation in that each party presents its side to a neutral third party, the arbitrator, who will decide the outcome of the dispute, but it is an alternative to formal litigation and typically provides a faster resolution and is much less expensive than a court proceeding. The attorneys of Andalman & Flynn are expereinced in serving as mediators, as well as representing clients in ADR
Alternative dispute resolution or ADR refer to methods for resolving legal disputes other than through in-court litigation. Arbitration and mediation are two common ADR methods. Arbitration involves submitting a dispute to a single arbitrator, or a panel of 2-3 arbitrators, who will issue a binding decision in the matter. Parties may be subject to arbitration based on an arbitration provision in a contract, or may voluntarily agree to submit their dispute to arbitration. Binding arbitration decisions are usually final and non-appealable except based on certain limited grounds. Mediation involves an attempt by parties to a dispute to resolve their dispute by agreement reached with the assistance of a mediator. The mediator does not decide the dispute like a judge or arbitrator, but rather aids the parties in trying to reach a settlement acceptable to both sides. Mediation is an informal process compared with litigation or arbitration.
