Law Notes: Alternative Resolution Dispute

[vampiricprose]

Law Notes: Alternative Resolution Dispute

Alternative Dispute Resolution (ADR): Set of methods used to resolve legal conflict without going to court. Often faster, cheaper, and more private than litigation.

Negotiation: A direct discussion between the parties in dispute. No third parties involved. Easiest, least expensive, most private. Requires both parties to want to find a compromise and stay in good faith.

Mediation: a neutral third party, called a mediator, helps the parties in dispute to collaborate to find a compromise. The mediator does not make a binding decision. Allows both parties to feel in control of the situation while also feeling like they are being heard out.

Arbitration: a neutral third party, called an arbitrator, hears arguments between the parties in dispute and makes a binding decision on behalf. More formal than negotiation and mediation but still less formal than litigation. Used when the parties in dispute cannot make a compromise on their own.

Litigation: A court based process where a judge hears the case and makes a legally binding decision. Extremely public, extremely formal, and potentially expensive.