Conflicts are bound
to arise in personal and business dealings. Normally with a little
clarification, some give and take, conflicts are resolved. However,
there are times when conflicts are more complex, if money, legalities, or reputations are
at risk, or there is a principle to be reckoned with. When conflict
resolution becomes contentious, it time to seek professional help.
At these times people turn to alternative dispute resolution services for the
solution. Alternative dispute
resolution, ADR, will take typically take one of two paths: mediation or arbitration.
ADR is the alternative to settling variances with a lawyer and
court. Using this avenue to resolve differences, quarreling parties
save money and time, and reduce long term discord. Mediation is the less formal of two conflict resolution processes.
Parties agree to meet with a mediator, and work out the
differences or dissonance. The third party mediator, generally a
certified mediator, facilitates discussion and optimally some agreement will be reached.
Mediation is not binding, meaning parties can change their
minds after the process and may still decide to retain a lawyer and file suit.
Arbitration, the more formal
alternative to mediation also uses the services of a third party.
The distinction is that this person must be a lawyer or a judge, and generally the
agreement is considered binding arbitration. Both parties agree
to adhere to the resolution and may not choose to go to court over the issue at a later
date. Most everyone must sign an agreement for arbitration when
using any medical services. Without legal fees and waiting
for court dates, alternative dispute resolution services typically proves to provide more
satisfaction for both parties at the end. As the third party facilitates
a give and take means of resolution, all parties are significantly more content with the
outcome. ADR also is less contentious than a lawyer vs. lawyer
path. As relationships are preserved, this resolution route is
preferable in cases of divorce and other family matters. It is important to note that it is common for courts to demand some
sort of alternative dispute resolution before a court date will be set.
The thought is that ADR will result in resolution without tying up the already
overburdened court. Less
adversarial, cheaper, and quicker than going to court to settle disputes, alternative
dispute resolution, using a third party mediator or arbitrator, is the preferred conflict
resolution for many civil disputes.
AUTHOR INFO
Once a dispute has arisen, Palecek, Morrison & Associates LLP
strongly advises alternative dispute resolution, ADR
services San Diego, as a first course of action especially where costs of litigation
may likely exceed the benefits. If you or someone you
know is faced with a potential dispute Palecek, Morrison & Associates LLP mediation San Diego can
help.
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